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Indian Parliament: Essay on Indian Parliament!

The Parliament of the Indian Union consists of two Houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).

These two houses and the President together constitute the Parliament of India. The object behind the creation of the Rajya Sabha is to provide for a second chamber so that legislation passed by one House can be reviewed and altered if needed by the other.

Rajya Sabha is a continuing chamber as it is a permanent body not subject to dissolution. One-third of its members retire at the end of every two years and elections are held for the vacant positions. A member of Rajya Sabha has a six year term, unless he resigns or is disqualified.

Lok Sabha is the lower or the popular chamber of the Indian Parliament. Under the Constitution not more than 525 members are to be chosen by direct election from territorial constituencies in the States and not more than 20 members to represent the Union Territories. In addition, two members of the Anglo-Indian community may be nominated by the President if he is of the opinion that the community is not adequately represented in the Lok Sabha.

The President has the right to summon, prorogue and dissolve the Parliament. The power to dissolve and to prorogue is exercised by the President on the advice of his Council of Ministers. The dissolution brings the life of Lok Sabha to an end while prorogation merely terminates a session. Adjournment does not put an end to the existence of a session but merely postpones further transaction of business for a specified time, whereas prorogation puts an end to all business except Pending Bills.

Each house of Parliament has its own presiding officers. Lok Sabha has a Speaker as its principal presiding officer and a Deputy Speaker to assist him and officiate as presiding officer in his absence. The Rajya Sabha is presided over by the Chairperson, assisted by a Deputy Chairperson. The latter performs all the duties and functions of the former in case of his/her absence.

The Speaker of the Lok Sabha enjoys very wide and extensive powers. The Speaker presides over the sitting of the Lok Sabha and conducts the proceedings, maintains order and decorum in the House and decides points of order, interprets and applies rules of the House.

The Speaker represents the whole House and it is on his impartiality that the success of parliamentary polity depends. Whenever the Speaker is absent, the Deputy Speaker presides over the deliberations of the House and exercise all the powers of the Speaker under the Rules of Procedure.

The Vice-President of India is the ex-officio Chairperson of the Council of States; but during any period when the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chieftain of the Council of States. The Chairperson of the Rajya Sabha is assisted by a Deputy Chairperson chosen from the Council of States from amongst its members.

Powers and Functions of the Parliament:

Under the cabinet system of government, the first function of Parliament is to select the group which will form the government, support, and sustain it in power as long as it enjoys its confidence. The second function of the Parliament is to make laws for the country. The third function of Parliament is to control the purse of the nation. The fourth function of Parliament is the scrutiny and control of administration.

The fifth function of Parliament is to serve as a kind of Constituent Assembly when necessary to amend the Constitution through the procedure laid down for the purpose. The sixth function of Parliament is to serve as an electoral college to elect the President and the Vice-President.

Privileges and Immunities of Parliament and Its Members:

Both the Houses of Parliament as well as of a State Legislature have similar privileges under the Constitution. The privileges of each House may be divided into two groups: (i) those enjoyed by the members individually and (ii) those which belong to each House of Parliament as a collective body.

Privileges of Individual Members:

(i) freedom from arrest:.

Section 135A of the C.P. code, as amended by Act 104 of 1976 exempts a member from arrest during the continuance of a meeting of the Chamber or Committee of which he is a member or of a joint sitting of the Chambers or Committee, and during a period of 40 days before and after such meeting or sitting, in civil or original cases.

This privilege also means that no member can be arrested within the precincts of the Parliament without the permission of the House to which he belongs. A member can be arrested outside the walls of the House on cases under Preventive Detention or Maintenance of Internal Security or any other such Act.

It is, how­ever, the duty of the arresting officer that he should immediately inform the presiding officer of the House to with the member belongs about arrest, bail or release of the member concerned. The main idea behind this privilege is that the members of the House should not be unnecessarily detained by the executive government and the constituents are not denied proper representation.

(ii) Freedom of Attendance as Witnesses:

According the English practice, a member cannot be summoned, without the leave of the House, to give evidence as a witness while Parliament is in session.

(iii) Freedom of Speech:

While an ordinary citizen’s right of speech is subject to the restrictions specified in Art. 19 (2) such as the law relating to defamation, a member of Parliament cannot be made liable in any court of law in respect of anything said in Parliament or any Committee thereof.

The freedom of speech is, however, subject to the rules framed by the House under its powers to regulate its internal procedure. The dignity of the House must be preserved. The Constitution itself imposes another limitation upon the freedom of speech in Parliament, namely, that no discussion shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the judge.

Collective Privileges :

Previleges are certain rights belonging to each House of Parliament. Both the House of Parliament as well as of a state legislature have similar previleges under the Constitution of India. Clauses (1) (2) of Article 105 deal with two matters, viz., freedom of speech and right of publicaiton.

(i) The right to publish debates and proceedings and the right to restrain publication by others.

(ii) The right to exclude others.

(iii) The right to regulate the internal affairs of the House, and to decide matters arising within its walls.

(iv) The right to punish Parliamentary misbehavior.

(v) The right to punish members and outsiders for breach of its privileges.

Parliamentary Committees :

As a deliberative body, Parliament cannot cope with detailed serious work amidst a large number of members in a dispassionate manner. Specially in modern times, there is too much of a burden on the Parliament. Thus the committee system comes in useful for it enables detailed discussion of various matters in small groups something that is cumbersome and non-productive in a large group.

The committees make parliamentary work smooth, efficient and expeditious. They also provide a certain expertise to the deliberations of Parliament. It must, however, be noted that committees are subordinate bodies created by Parliament to assist in its legislative work.

Nature of Parliamentary Committees :

A parliamentary committee is a committee which is appointed or elected by the House or nomi­nated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker.

Parliamentary committees are of different types. Broadly speaking there are (1) Ad Hoc Committees, and (2) Standing or Non-Ad Hoc Committees. Ad Hoc Committees may be constituted from time to time, by either House, to inquire into and report on specific subjects, or they may be committees set up to advise the House, such as those appointed to consider and report on a specific Bill. The Standing Committees may be classified according to their functions. The Committees may also be classified in the following manner.

1. There are consultative committees for different ministries which provide a forum for discussion on the policies and working of the ministries.

2. There are the select committees or joint select committees on individual bills for investigation or inquiry.

3. Sometimes, the Parliament may appoint a committee for a specific purpose or to study a particular question like the Committee for the Welfare of Scheduled Castes and Tribes.

4. There are committees to enquire into various matters like the Committee of Petitions and Committee of Privileges. The committees to scrutinise are the Committee of Government Assurances and Committee on Subordinate Legislation.

5. Some committees are of administrative character relating to business of the House like (a) Committee on Absence of Members from the sittings of the House, (b) Business Advisory Committee, and (c) Rules Committee.

6. A few committees are concerned with the facilities of members of Parliament like the House Committee and Library Committee.

7. Finally, the most important committees are the three financial committees (a) the Estimates Committee, (b) the Public Accounts Committee, and (c) the Committee on Public Undertak­ings.

The Ad Hoc Committees:

The usual ad hoc committees are Select/Joint Committees on Bills and the Railway Convention Committee. The Committee on the Draft Five Year Plans, Committee on the Conduct of a member, Study Committee on Sports etc,. are some of the ad hoc committees constituted in the past.

Select Committees:

Select Committees are appointed on individual Bills and for making some investigation, inquiry or compilation. Members of a Select Committee are appointed or elected by the House itself or nominated by the Speaker. The willingness of the members desired to serve on the committee is ascertained before a proposal for appointment or nomination is made.

The Chairman is appointed by the Speaker from among its members, but if the Deputy Speaker happens to be a member of the committee, he shall be appointed Chairman. One-third of the total membership consti­tutes the quorum and a majority vote determines the decision of a committee. The chairman is entitled to a casting vote in case of a tie.

Joint Committee:

In order to avoid duplication of proceedings a Bill may be referred to a Joint Committee composed of members of both Houses. A Joint Committee also saves time and helps to bring about and develop good understanding, an appreciative spirit and co-operation between the representatives of both the Houses.

A motion for the appointment of a joint commit and reference of a Bill to such a committee after being carried out in the originating House is transmitted to the other House for its concurrence. The member-in-charge of a Bill indicates the number and names of the members constituting the committee from the House to which he belongs as also the number of the members from the other House. The proportion of members from the House of the People and the Council of States is two to one.

The Standing Committees:

Lok Sabha has the following 18 Standing Parliamentary Committees with membership indicated against each. Business Advisory Committee (15); Committee of Privileges (15); committee on absence of Members from the Sitting of the House (15); Committee on Estimates (30); Committee on Government Assurances (15); Committee on Paper Laid on the Table (15); Committee on Petitions (15); Committee on Private Members’ Bills and Resolutions (15); Committee on Public Account (22); Committee on Public Undertakings (22); Committee on Subordinate Legislation (15); Committee on the Welfare of Scheduled Castes and Scheduled Tribes (30); General Purpose Committee (29); House Committee (12); Joint Committee on Offices of Profit (15); Joint Committee on Salaries and Allowances of Members of Parliament (15); Library Committee (9); Rules Committee (15).

No member is to be appointed or nominated or elected to a Committee unless he is willing to serve on it.

The Speaker, Lok Sabha, nominates members to Business Advisory Committee, Committee of Privileges, Committee on Absence of Members from the Sitting of the House, Committee on Govern­ment Assurances, Committee on Papers Laid on the Table, Committee on Petitions, Committee on Private Members’ Bills and Resolutions, Committee on Subordinate Legislation, General Purpose Committee, House Committee and Rules Committee in pursuance of the provisions of rules govern­ing these Committees.

Ten members of Lok Sabha and five members of Rajya Sabha are nominated by the Speaker, Lok Sabha, and the Chairman, Rajya Sabha, respectively, to the Joint Committee on Salaries and Allowances of Members of Parliament.

As far as possible, different Parties and Groups are represented on a committee in proportion of their respective strength in the House. As such a Committee is a microcosm of the whole House.

Members of Rajya Sabha are also associated with the Committee on Public Accounts, Committee on Public Undertakings and Committee on the Welfare of Scheduled Castes and Scheduled Tribes, for which necessary Motions are moved in and adopted by both the Houses. The Joint Committee on Offices of Profit consists of 15 members-10 elected from Lok Sabha and five elected from Rajya Sabha. It is constituted in pursuance of a motion moved in and adopted by both the Houses. It continues in office for the duration of a Lok Sabha.

Casual vacancies in a Parliament Committee are filled by appointment or election by the House on a motion made, or nomination by the Speaker, as the case may be and any member appointed, elected or nominated to fill such vacancy shall hold office for the unexpired portion of the term for which the member in whose place he is appointed, elected or nominated would have held office.

A member may resign from the Committee by writing under his hand addressed to the Speaker.

If a member remains absent from two or more consecutive sittings of the Committee without the permission of the Chairman of the Committee, he may be discharged from the Committee by the House Speaker.

The Chairmen of all the Parliamentary Committees are appointed by the Speaker, from amongst the members of the Committee. In case, the Speaker is a member of the Committee, he is ex officio Chairman of that Committee. In Gase the Speaker is not a member of the Committee, but the Deputy Speaker is, he is appointed as Chairman of that Committee.

The Joint Committee on Salaries and Allowances of Members of Parliament elects its own Chairman. In case of the Committee on Public Accounts, as per established convention a member belonging to major Opposition Parties/Groups is appointed Chairman of the Committee by rotation.

Parliamentary Committees hold office for a period of one year or for a period specified by the Speaker/by the motion or until a new Committee is nominated. The members nominated to the Joint Committee on Salaries and Allowances of Members of Parliament, hold office for a period of one year from the date of their nominations.

One-third of the total number of members of the Committee is required for the quorum to consti­tute a sitting of the Committee. In the absence of the required quorum, the Chairman either suspends the sitting until there is quorum or adjourns the sitting to some future day. In the event of a Committee being adjourned for-two successive sittings on account of lack of quorum, the Chairman has to report the fact to the Speaker when the Committee has been appointed by him or else to the House.

Estimates Committee:

The Estimates Committee consists of 30 members—all from Lok Sabha— who are elected by Lok Sabha every year from among its members according to the principle of proportional representation by means of single transferable vote. This system of election ensures that each Party/Group is represented on the Committee in proportion to its strength in Lok Sabha.

The Chairman of the Committee is appointed by the Speaker from amongst the member of Lok Sabha elected to the Committee.

The functions of the Committee are—(a) to report what economies, improvements in organisation, efficiency or administrative reform, consistent with the policy underlying the estimates, may be effected; (b) to suggest alternative policies in order to bring about efficiency and economy in administration; (c) to examine whether the money is well laid out within the limits of the policy implied in the estimates; and (d) to suggest the form in which estimates shall be presented to Parliament.

The Committee may examine such of the estimates as may deem fit to the Committee or are specifically referred to it by the House or the Speaker. Public Undertakings allotted to the Committee on Public Undertakings either under the Rules of Procedure of Lok Sabha or by the Speaker are outside the purview of the Estimates Committee.

The Committee does not go against the policy approved by Parliament; but where it is established on evidence that a particular policy is not leading to the expected or desired results or is leading to waste, it is the duty of the Committee to bring to the notice of the House that a change in policy is called for.

The examination by the Committee of the estimates for the Ministries/Departments of Government is a continuing exercise throughout the financial year and the Committee reports to the House as its examination proceeds. It is not incumbent on the Committee to examine the entire estimates in any one year. The Demands for Grants may be finally voted even though the Committee has made no report.

Public Accounts Committee:

The Public Accounts Committee consists of 15 Members elected by Lok Sabha every year from amongst its members according to the principle of proportional repre­sentation by means of single transferable vote. Seven members of Rajya Sabha elected by the House in like manner are associated with the Committee. This system of election ensures that each Party/ Group is represented on the Committee in proportion to its respective strength in the two Houses.

The chairman of the committee is appointed by the Speaker from amongst the members of Lok Sabha elected to the Committee.

The term of office of the members of the Committee is one year.

The Public Accounts Committee examines the accounts showing the appropriation of the sums granted by Parliament to meet the expenditure of the Government of India, the annual Finance Accounts of the Government of India and such other accounts laid before the House as the Commit­tee may think fit.

Apart from the Reports of the Comptroller and Auditor-General of India on Appro­priation Accounts of the Union Government, the Committee examines two Reports of the Comptrol­ler and Auditor-General on Revenue Receipts—one relating to Direct Taxes and the other relating to Indirect Taxes.

The Committee, however, does not examine the accounts relating to such public undertakings as are allotted to the Committee on Public Undertakings.

While scrutinising the Appropriation accounts of the Government of India and the Reports of the Comptroller and Auditor-General thereon, it is the duty of the Committee to satisfy itself that the moneys shown in the accounts as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged; that the expenditure conforms to the authority which governs it; and that every re-appropriation has been made in accordance with the provisions made in this behalf under rules framed by competent authority.

An important function of the Committee is to ascertain that money granted by the Parliament has been spent by Government “within the scope of the demand”. The function of the Committee extends “beyond the formality of expenditure to its wisdom, faithfulness and economy”. The Committee thus examines cases involving losses, nugatory expenditure and financial irregularities.

While scrutinising the Reports of Comptroller and Auditor-General on Revenue Reports, the Committee examines various aspects of Government’s tax administration. The Committee, thus, examines cases involving under-assessments, tax-evasion, non-levy of duties, misclassifications etc., identifies loopholes in the taxation laws and procedures and makes recommendations in order to check leakage of revenue.

If any money has been spent on a service in excess of the amount granted by the House for the purpose, the Committee examines the same with reference to the Facts of each case, the circum­stances leading to such an excess, and makes such recommendations as it may deem fit.

Such excesses are thereafter required to be brought up before the House by Government for regularisation in the manner envisaged in Article 115 of the Constitution. In order to facilitate speedy regularisation of such expenditure by Parliament, the Committee presents a consolidated report relating to all Ministries/Departments expeditiously in advance of other reports.

Committee on Public Undertakings:

The Committee on Public Undertakings consists of 15 members elected by Lok Sabha every year from amongst its members according to the principles of proportional representation by means of single transferable vote. Seven members of Rajya Sahba elected by that House in like manner are associated with the Committee. This system of election ensures that each party/group is represented on the Committee in proportion with respective strength of the Houses.

The Chairman of the Committee is appointed by the Speaker from amongst members of Lok Sabha elected to the Committee. The term of office of the members of the Committee is one year.

The functions of the Committee are to examine the Reports and Accounts of the Public Under­takings specified in the Fourth Schedule of the Rules of Procedure and Conduct of Business in Lok Sabha and the reports of the Comptroller and Auditor-General thereon, if any, and to examine, in the context of the autonomy and efficiency of the public undertakings, whether the affairs of the Public undertakings are being managed in accordance with the sound business principles and prudent commercial practices.

The Committee may also examine such subjects or matters which may be specifically referred to it by the House or by the Speaker. The Committee is, however, barred from examining and investigating matters of major Government policy as distinct from business or com­mercial functions of public undertakings or matters for the consideration of which machinery is established by any special statute under which a particular undertaking is established.

Committee on the Welfare of Scheduled Castes and Scheduled Tribes:

The Committee consists of 20 members elected by Lok Sabha every year from amongst its members according to the principle of Proportional representation by means of single transferable vote. Ten members of Rajya Sabha elected by that House in like manner are associated with the Committee.

This system of election ensures that each Party/Group is represented on the Committee in proportion to its respective strength in the two Houses.

The Chairman of the Committee is appointed by the Speaker from amongst the members of Lok Sabha elected to the Committee.

The important functions of the Committee inter alia are to consider the reports submitted by the Commissioner of Scheduled Castes and Scheduled Tribes, to examine the representation of Sched­uled Castes and Scheduled Tribes in services of Central Government Departments, Central Public Undertakings, Nationalised Banks etc., and to review the working of welfare programmes for Sched­uled Castes and Scheduled Tribes in the Union Territories.

The Committee also examines such other matters as may deem fit to the Committee or are specifically referred to it by the House or the Speaker. The Committee can also examine the implementation of various programmes for the wel­fare of Scheduled Castes and Scheduled Tribes by State Governments provided funds are made available partly or wholly by the Central Government.

Business Advisory Committee:

As the membership of the Committee is limited and there are quite a large number of Opposition groups, it is not possible for the Speaker to nominate members from each and every group. Normally this committee meets three or four times in a session and makes recommendations regarding the plan of House’s work, which are generally accepted by the House.

However, in order to make the Committee as broad-based as possible certain prominent unattached members and members of some of the Opposition groups, who do not find representation in the Committee, are invited by the Speaker to attend its sitting. The invited members have neither the right to vote nor are they counted for the purpose of a quorum.

The function of the Business Advisory Committee is to recommend the time that should be allocated for discussion of the stage or stages of such Government Bills or other business which the Speaker in consultation with the Leader of the House may direct to be referred to the Committee. The Committee can indicate in the proposed timetable the different hours at which the various stages of Bill or other business should be completed.

Committee on Private Members’ Bills:

The Deputy Speaker is invariably its member and as far as possible every section of opinion of the House is represented therein. The functions of the Committee are ; to examine and classify all Private Members’ Bills according to their nature, urgency and importance; to allot time to Private Members’ Bill and resolution; to examine Private Members’ Bill seeking to amend the Constitution before their introduction in the House; to examine a Private Members’ Bill which is opposed in the House on the ground that the Bill initiates legislation outside the legislative competence of the House and to perform such other functions as may be assigned to it by the Speaker from time to time.

Committee on Petitions:

Article 350 entitles a citizen to submit representation for the r dress of grievance to any officer or authority in the Union or a State. It is also considered an inherit right of a citizen to present a petition to Parliament ventilating public grievances and offering suggestions on matters of public importance. Rules of the Lok Sabha (160-67) provide for such petition to be presented.

The Committee on Petitions examines the merits of the petitions and makes recommendations to the House after taking such evidence as it may deem necessary. No minutes of dissent can be appended to the Report of the Committee.

Committee on Government Assurances:

It is meant to scrutinize the assurances, promises, undertakings etc. given by Ministers from time to time and to report on the extent to which such assurances etc. have been implemented and to see whether such implementation has taken place within the minimum time necessary for the purpose. The Council of States has no such Committee.

Committee on Privileges:

The Committee is set up to examine every question involving breach of privilege of the House or of the member of any Committee thereof, referred to it by the House or by the Speaker. Also to determine with reference to the facts of each case whether a breach of privilege is involved and make suitable recommendations in its report.

In this committee the deputy speaker is the chairman who presides over its meetings.

Committee on Subordinate Legislation:

This Committee is set up to scrutinize and report to the House whether the powers to make regulations, rules, sub-rules, by-laws etc., conferred by the Constitution or delegated by Parliament are being properly exercised by the executive within the scope of such delegation.

Committee on Absence of Members from the Sittings of the House:

This Committee is set up to consider application from members for leave of-absence from the sittings of the House and examine every case where a member has been absent for a period of 60 days or more, without permissions, from the sittings of the House.

Rules Committee:

This Committee is set up to consider matters of procedure and conduct of business in the House and recommend any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary.

Committee Dealing with Facilities:

There are three committees dealing with provisions of facilities to members-the General Purposes Committee, the House Committee and the Library Com­mittee. The function of the General Purposes Committee is to consider and advice on such matters concerning the affairs of the House as may be referred to it by the Speaker. The House Committee deals with matters of accommodation, food and medical aid for members.

The functions of the Library Committee are: to consider and advise on such matters concerning the Library as may be referred to it by the Speaker, to consider suggestions for the improvement of the Library, and to assist members in fully utilising the services provided by the Committee.

Committee on Papers Laid on the Table:

This Committee is set up to examine all papers laid on the Table of the House by Ministers (other than those which fall within the purview of the Committee on Subordinate Legislation or any other Parliamentary Committee) and to report to the House— (a) whether there has been compliance of the provisions of the Constitution, Act, rule or regulation under which the paper has been laid; (b) whether there has been any unreasonable delay in laying the paper; (c) if there has been such delay, whether a statement explaining the reasons for delay has been laid on the Table of the House and whether those reasons are satisfactory; (d) whether both the Hindi and English versions of the paper have been laid on the Table; (e) whether statement explaining the reasons for not laying the Hindi version has been given and whether such reasons are satisfactory; and (f) such other functions in respect of the papers laid on the Table as may be assigned to it by the Speaker from time to time.

Joint Committee on Salaries and Allowances of Members of Parliament:

This Committee is set up to make rules, after consultation with the Central Government to provide for travelling and daily allowances, medical, housing, telephone, postal, water, electricity, constituency and secretarial facilities etc. to members of both Houses. This committee has 15 members nominated by the speaker to look into the cases regarding the violation of privileges of members of Parliament and recommend suitable action.

Joint Committee on Offices of Profit:

The function of this Committee is to examine the composition and character of the Committees appointed by the Central and State Governments and to recommend what offices should disqualify and what offices should not disqualify a person for being chosen as, and for being, a member of either House of the Parliament under Article 102 of the Constitution. It is also to scrutinise from time to time the Schedule to the Parliament (Prevention of Disqualification) Act, 1959 and to recommend any amendments in the said Schedule, whether by way of addition, omission or otherwise.

Consultative Committees:

In 1954, the Government decided to establish Informal Consultative Committees for the various Ministries. But the Opposition parties and groups did not take kindly to the Consultative Committees. As a result of discussion between the Government and the opposition at different levels in 1969, it was decided to delete the word ‘Informal’ from their nomenclature.

Mutually agreed “guidelines” were also formulated to regulate their functioning. The Government, however, did not accept the suggestion of the Opposition for the formation of the Parliamentary Committees in place of Consultative Committees.

Members of both Houses of Parliament are nominated on the Consultative Committees for various Ministers by the Minister of Parliamentary Affairs on the basis of preference indicated by the members themselves or by the party leaders. Members of the Opposition parties are nominated in proportion to their numerical strength in Parliament.

Every Opposition party or group has, thus, its fixed quota of representation on the Consultative Committees and these parties and groups are free to nominate their members on more than one Committee within the quota allotted to them. The Minister concerned presides over the meetings of the Consultative Committee attached to his Ministry.

The Committee provide a forum of informed discussions between the members, Ministers and-senior officials of the Government on the problems and policies of the Government relating to administration in a manner which is not practicable on the floor of the House. The deliberations of these Committees are informal and no reference to the discussions held in the meetings is made on the floor of the House and it is binding on the Government as well as the members of the Committees.

Members of these Committees are free to discuss any matter which can appropriately be discussed in Parliament. The practice is to invite suggestions and items for discussion from members and thereupon agenda with notes is prepared and circulated among members. The Committees cannot summon witnesses, send for or demand the production of any files, or examine any official records.

The Chairman of the Committee may, however, furnish any additional information required by members. But the Consultative Committees, it is widely felt, do not function as committees, and still less discharge the functions of consultation except in a purely formal sense. The committee, attached to a Ministry, does not meet by itself without the Minister to discuss or deliberate. It is convened by the Minister. Polemics and partisanship are as present in the committees’ deliberations as they are in Parliament itself.

Working of the Parliament :

Article 118 empowers each House of Parliament to make rules for regulating its procedure and conduct of its business. This rule-making power of the Houses is, however, subject to the Provisions of this Constitution. Parliament may for the purpose of the timely completion of financial business, regulate by law the procedure and conduct of business, in each Houses of Parliament in relation to any financial matter or to any Money Bill (Article 119).

The business of Parliament shall be transacted in Hindi or in English. However, the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.

The New Parliament after Election:

At the commencement of the first session after each general election to the Lok Sabha and at the commencement of first session in each year, the President addresses both the houses of Parliament in a joint session. The President’s address at the com­mencement of the first session of the year is a regular feature. The Parliament takes up the regular business after the address of the President.

Conduct of Business:

Oath or affirmation by members:.

Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule (Article 99).

Voting in Houses, Power of Houses to Act Notwithstanding Vacancies and Quorum:

Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker [Article 100(1)].

The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

Either House of Parliament shall have power to act notwithstanding any vacancy in the member­ship thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings [Article 100(2)].

Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House [Article 100(3)].

If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum [Article 100(4)].

Delegated Legislation :

An inevitable consequence of extension in the activities of the State, particularly when it aims to establish a socialistic society, is the sizable increase in legislation. Since it is not possible for the legislature to enact measures so numerous and so comprehensive, delegation of authority to the Executive becomes not only necessary but quite inescapable. In fact, it would not be incorrect to say that today; the volume of delegated legislation greatly exceeds the Acts of Parliament.

Delegated legislation is usually concerned with minor matters to give effect to the provisions of the Statutes. But it is not always so. There are instances both in India and other countries, where important powers, such as the power to determine matters of principle, to impose taxation, to amend Acts of Parliament, to create new offences and prescribe penalties have been delegated.

These are, no doubt, abnormal instances of legislative delegation of authority, but they are by no means rare. The rules and regulations thus made have the force of law and they cannot be challenged in courts unless they are ultra virus of the parent Acts.

The rules framed there under are very often vexatious to the citizens as the administrative officers concerned with the framing of the rules exalt administrative convenience and the national advantage at the expense of the individual and his freedom. To safeguard against the abuse of power it is, therefore, for Parliament to keep a watchful and even jealous eye on delegated legislation at all its stages.

The usual safeguards are: defining the limits of delegation, laying down a special procedure for rule making, giving adequate publicity to the proposed rules, requiring the rules made to be laid on the table of the House and the process of scrutiny.

Two Rules of the Procedure of the Lok Sabha (House of the People) set down important provisions. Rule No. 70 states that “a Bill involving proposals for the delegation of legislative power shall further be accompanied by a memorandum explaining such proposals and drawing attention to their scope and stating also whether they are of normal or exceptional character.”

Rule No. 222 prescribes “Each regulation, ‘rule’, ‘sub-rule’, ‘bye-law’, etc, framed in pursuance of the legislative function delegated by Parliament to a subordinate authority and which is required to be laid before the House shall subject to such rules as the Speaker may in consultation with the Leader of the House prescribe, be numbered centrally and published in the Gazette of India immediately after they are promulgated.

The scrutiny of delegated legislation by Parliament itself is of recent origin. In some respects India has established certain advantageous precedents with regard to subordinate legislation. The Speaker has invariably appointed a member of the Opposition as chairman of the committee on Subordinate Legislation. Since the membership of this Committee is not open to Ministers, it has functioned as a well-knit business committee free from official influence, party spirit and party whip.

Government Bills:

Government bills are piloted by members of the Council of Ministers. The decision on government bills is taken by the Cabinet and its Parliamentary Affairs Committee. The order of government business in the house is decided by consultations between the leaders of the House and the Speaker, or the Chairman, as the case may be.

Method of Passing Laws:

A bill other than money bills may be introduced in either house of Parliament. It has to be passed in identical form and consented by both houses before it can be presented for the President’s assent. Money bills can be introduced only in the lower house. All legislative proposals must be brought in the form of Dills before Parliament.

First Reading:

The legislative process starts with the introduction of the bill in either house of Parliament. After a bill has been introduced, it is published in the official Gazette. But, even before introduction, a bill might, with the permission of the Speaker, be published in the Gazette.

Second Reading:

The Second Reading consists of consideration of the bill in two stages. The first stage consists of a general discussion on the bill as a whole.

The second stage of the second reading consists of clause by clause consideration of the bill as introduced or as reported by the Select Committee or Joint Select Committee.

Third Reading:

After the various stages of the second reading are completed, the member-in- charge can move that the bill be passed. This stage is called the third or the final reading of the bill. At this stage, debate is confined to arguments either in support of the bill or in rejection, without referring to the details thereof further than is absolutely necessary.

After the bill is passed by one house, it is sent to the other house for concurrence with a mes­sage to that effect. In the other house also it goes through the three stages. In regard to money bills, the Lok Sabha has got the exclusive power to legislate and the Rajya Sabha can only recommend amendments therein and must return such a bill to the Lok Sabha within fourteen days from the date of its receipt.

Assent of the President:

When a bill is passed by both houses, the Secretariat of the house obtains the assent of the President and the bill becomes an Act.

The President can give his assent or withhold his assent to a bill. The President can also return the bill-except, of course, a money bill—with his recommendations to the house for reconsideration, and if the houses pass the bill again with or without amendments, the bill has to be assented to by the President.

Financial Powers :

The power to authorise the raising and spending of money rests with the Lok Sabha. The initiative must, of course, come from the Executive in the form of the Budget. In the words of the Constitution, the President shall, in respect of every financial year, cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, referred to as the ‘annual financial statement; A distinction is made between votable expendi­ture and expenditure charged on the Consolidated Fund of India, while the former is voted upon, the latter is not subject to voting, although it is included in the statement of expenditure laid before the House and can be discussed.

Vote on Account :

The process of voting of Demands continues for a long time while day to day expenditure of the government departments cannot wait till the Budget is finally passed. To meet this difficulty, a new device was introduced in 1950 known as the ‘Vote on Account’.

The passing of the Vote on Account followed by the appropriation (Vote on Account Act) authorizes the Government to draw on the Consolidated Fund of India, generally for a period of two months. The Vote on Account which is usually passed without debate enables the house to consider the budget at leisure.

Parliamentary Methods to Control the Executive :

The rules of procedure and conduct of business in Parliament provide that unless the presiding officer otherwise directs, the first hour of every sitting shall be available for the asking and answering of questions. This first hour is known as the Question Hour.

The primary object of an ‘adjournment motion’ is to draw the attention of the house to a recent matter of urgent public importance having serious consequences.

A member may with the previous permission of the Speaker call the attention of a minister to any matter of public importance and request the Minister to make a statement on the subject. The minis­ter may either make a brief statement immediately or he may ask for time to the statement at the later hour or date. The main purpose of a ‘calling attention’ is to seek an authoritative statement from the concerned Minister on a matter of urgent public importance.

Committee System to Control Government :

Parliament has established a series of committees with necessary powers to scrutinise the working of the different departments of the government.

The Parliamentary Committees ensure an effective and comprehensive examination of all the proposed policies. Very often, the Committees provide an ideal context for discussing controversial and sensitive matters in a non-partisan manner, away from the glare of publicity.

Related Articles:

• Functions of the Parliament and Parliamentary Committees of India
• How the Union Parliament makes Laws? (8 Feature of Law Making)

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• Functions Of The Parliament

Functions of the Parliament - UPSC Polity Notes

India has a parliamentary system of government. The Union Parliament is the supreme legislative body in the country. In this article, you can read all about the functions of the Parliament for the polity and governance segments of the UPSC syllabus .

The Indian Parliament is a bicameral legislature consisting of two houses – the Lok Sabha and the Rajya Sabha. The members of the Lok Sabha (House of the People) are directly elected by the people through the voting process. The members of the Rajya Sabha (Council of States) are elected by the members of the states’ legislative assemblies. The Parliament consists of the two Houses and the President of India.

Functions of Parliament

The functions of the Parliament are mentioned in the Indian Constitution in Chapter II of Part V. The functions of the Parliament can be classified under several heads. They are discussed below:

Legislative Functions

• The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
• In the case of the Concurrent List, where the state legislatures and the Parliament have joint jurisdiction, the union law will prevail over the states unless the state law had received the earlier presidential assent. However, the Parliament can any time, enact a law adding to, amending, varying or repealing a law made by a state legislature.
• If Emergency is in operation, or any state is placed under President’s Rule (Article 356) , the Parliament can enact laws on items in the State List as well.
• As per Article 249 , the Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by ⅔ majority of its members present and voting, that it is necessary for the Parliament to make laws on any item enumerated in the State List, in the national interest.
• As per Article 253 , it can pass laws on the State List items if it is required for the implementation of international agreements or treaties with foreign powers.
• According to Article 252 , if the legislatures of two or more states pass a resolution to the effect that it is desirable to have a parliamentary law on any item listed in the State List, the Parliament can make laws for those states.

Executive Functions (Control over the Executive)

In the parliamentary form of government, the executive is responsible to the legislature. Hence, the Parliament exercises control over the executive by several measures. 

• By a vote of no-confidence , the Parliament can remove the Cabinet (executive) out of power. It can reject a budget proposal or any other bill brought by the Cabinet. A motion of no-confidence is passed to remove a government from office.
• The MPs (Members of Parliament) can ask questions to the ministers on their ommissions and commissions. Any lapses on the part of the government can be exposed in the Parliament.
• Adjournment Motion : Allowed only in the Lok Sabha, the chief objective of the adjournment motion is to draw the attention of the Parliament to any recent issue of urgent public interest. It is considered an extraordinary tool in Parliament as the normal business is affected.
• The Parliament appoints a Committee on Ministerial Assurances that sees whether the promises made by the ministers to the Parliament are fulfilled or not.
• Censure Motion: A censure motion is moved by the opposition party members in the House to strongly disapprove any policy of the government. It can be moved only in the Lok Sabha. Immediately after a censure motion is passed, the government has to seek the confidence of the House. Unlike in the case of the no-confidence motion, the Council of Ministers need not resign if the censure motion is passed.
• Cut Motion: A cut motion is used to oppose any demand in the financial bill brought by the government.

Financial Functions

Parliament is the ultimate authority when it comes to finances. The Executive cannot spend a single pie without parliamentary approval.

• The Union Budget prepared by the Cabinet is submitted for approval by the Parliament. All proposals to impose taxes should also be approved by the Parliament.
• There are two standing committees (Public Accounts Committee and Estimates Committee) of the Parliament to keep a check on how the executive spends the money granted to it by the legislature. You can also read on parliamentary committees .
• Also see: Money Bills .

Amending Powers

The Parliament has the power to amend the Constitution of India. Both Houses of the Parliament have equal powers as far as amending the Constitution is concerned. Amendments will have to be passed in both the Lok Sabha and the Rajya Sabha for them to be effective.

Read about the important amendments in the Indian Constitution here .

Electoral Functions

The Parliament takes part in the election of the President and the Vice President . The electoral college that elects the President comprises of, among others, the elected members of both Houses. The President can be removed by a resolution passed by the Rajya Sabha agreed to by the Lok Sabha.

Judicial Functions

In case of breach of privilege by members of the House, the Parliament has punitive powers to punish them. A breach of privilege is when there is an infringement of any of the privileges enjoyed by the MPs.

• A privilege motion is moved by a member when he feels that a minister or any member has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Read more on privilege motion .
• In the parliamentary system, legislative privileges are immune to judicial control.
• The power of the Parliament to punish its members is also generally not subject to judicial review.
• Other judicial functions of the Parliament include the power to impeach the President, the Vice President, the judges of the Supreme Court , High Courts, Auditor-General, etc.

Other powers/functions of the Parliament

• Issues of national and international importance are discussed in the Parliament. The opposition plays an important role in this regard and ensures that the country is aware of alternate viewpoints.
• A Parliament is sometimes talked of as a ‘nation in miniature’. 
• In a democracy, the Parliament plays the vital function of deliberating matters of importance before laws or resolutions are passed.
• The Parliament has the power to alter, decrease or increase the boundaries of states/UTs.
• The Parliament also functions as an organ of information. The ministers are bound to provide information in the Houses when demanded by the members.

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Functions of the Parliament – Indian Polity:- Download PDF Here

UPSC Questions related to Functions of the Parliament

What are the main functions of the parliament.

The major functions of the Parliament can be classified under several heads like legislative, executive, judicial, electoral, etc.

What is the role of Parliament in law-making?

The Parliament makes laws for the whole country. It can also amend the Constitution and reject/change draft laws.

How does Parliament make laws?

A bill becomes a law after it is passed by both Houses of the Parliament and receives the presidential assent.

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Legislature of the Union, which is called Parliament, consists of the President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha) . Each House has to meet within six months of its previous sitting. A joint sitting of two Houses can be held in certain cases.

Rajya Sabha

The Constitution provides that the Rajya Sabha shall consist of 250 members, of which 12 members shall be nominated by the President from amongst persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service; and not more than 238 representatives of the States and of the Union Territories.

Elections to the Rajya Sabha are indirect; members representing States are elected by elected members of legislative assemblies of the States in accordance with the system of proportional representation by means of the single transferable vote, and those representing Union Territories are chosen in such manner as Parliament may by law prescribe. The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.

Rajya Sabha, at present, has 245 seats. Of these, 233 members represent the States and the Union Territories, and 12 members are nominated by the President.

The Lok Sabha is composed of representatives of people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the Constitution is now 552 (530 members to represent States, 20 to represent Union Territories, and not more than two members of the Anglo-Indian community to be nominated by the President, if, in his opinion, that community is not adequately represented in the House). The total elective membership of the Lok Sabha is distributed among States in such a way that the ratio between the number of seats allotted to each State and population of the State is, as far as practicable, the same for all States. The Lok Sabha at present consists of 545 members. Of these, 530 members are directly elected from the States and 13 from Union Territories, while two are nominated by the President to represent the Anglo-Indian community. Following the Constitution 84 th Amendment Act, the total number of existing seats as allocated to various States in the Lok Sabha on the basis of the 1971 census, shall remain unaltered till the first census to be taken after the year 2026.

The term of the Lok Sabha, unless dissolved earlier, is five years from the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time, and not extending in any case, beyond a period of six months after the proclamation has ceased to operate. Fourteen Lok Sabhas have been constituted so far.

Qualification for Membership of Parliament

In order to be chosen a member of Parliament, a person must be a citizen of India and not less than 30 years of age in the case of Rajya Sabha and not less than 25 years of age in the case of Lok Sabha. Additional qualifications may be prescribed by Parliament by law.

Functions and Powers of Parliament

As in other parliamentary democracies, the Parliament in India has the cardinal functions of legislation, overseeing of administration, passing of the Budget, ventilation of public grievances and discussing various subjects like development plans, national policies and international relations. The distribution of powers between the Union and the States, followed in the Constitution, emphasises in many ways the general predominance of Parliament in the legislative field. Apart from a wide-range of subjects, even in normal times, the Parliament can, under certain circumstances, assume legislative power with respect to a subject falling within the sphere exclusively reserved for the States. The Parliament is also vested with powers to impeach the President and to remove the Judges of Supreme Court and High Courts, the Chief Election Commissioner and the Comptroller and Auditor General in accordance with the procedure laid down in the Constitution.

All legislation require consent of both the Houses of Parliament. In the case of money bills, however, the will of the Lok Sabha prevails. Delegated legislation is also subject to review and control by Parliament. Besides the power to legislate, the Constitution vests in Parliament the power to initiate amendment of the Constitution.

Source: India Book 2020 - A Reference Annual

India at a Glance

Demographic background.

• Population Density

Physical Background

• Physical Features
• Geological Structure
• Citizenship
• Fundamental Rights
• Fundamental Duties
• Directive Principles of State Policy
• Union Territories
• Local Government

About India

India is one of the oldest civilizations in the world with a kaleidoscopic variety and rich cultural heritage. It has achieved all-round socio-economic progress since Independence. As the 7th largest country in the world, India stands apart from the rest of Asia, marked off as it is by mountains and the sea, which give the country a distinct geographical entity. Bounded by the Great Himalayas in the north, it stretches southwards and at the Tropic of Cancer, tapers off into the Indian Ocean between the Bay of Bengal on the east and the Arabian Sea on the west.

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Indian Constitution: Features

Last updated on March 11, 2024 by ClearIAS Team

India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government.

The Indian Constitution was approved by the Constituent Assembly on November 26, 1949, and took effect on January 26, 1950. The Indian Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features.

The Indian Constitution was amended several times. The 42nd Amendment Act of 1976 is known as the “Mini Constitution” because it made a large number of changes in the various parts of the Constitution.

Table of Contents

Essential Features of the Indian Constitution

Important features of the constitution are as follows:

Largest Written Constitution

It is a written constitution containing as many as 395 Articles, originally divided into 22 parts and 9 schedules. At present, there are 448 articles, 25 parts, and 12 schedules in the Indian Constitution.

• Indian Constitution is the largest one in the world. The Constitution’s framers included several features to prevent loopholes and flaws because they wanted to ensure there would be no difficulties throughout its implementation.
• They framed the Chapter on Fundamental Rights on the model of the American Constitution, the parliamentary system of Government from the United Kingdom, the Directive Principles of State Policy from the Constitution of Ireland, and the Emergency provisions from the Constitution of the German Reich and the Government of India Act, 1935.
• Moreover, it lays down the structure not only of the Central Government but also of the States. Another factor contributing to the Constitution’s bulk is the size of the country and the diversity of the people living there.

Sovereign Socialist, Secular, Democratic, and Republic

According to the Preamble, India is a Sovereign, Socialist, Secular, Democratic Republic.

• Sovereign: The word Sovereign emphasizes that India is no longer dependent upon any outside authority.
• Socialist: The term “Socialist” has been inserted in the Preamble by the Constitution 42nd Amendment Act, 1976 . In general, it means some form of ownership of the means of production and distribution by the State. India has chosen a mixed economy and now drifting towards privatization.
• Secularism: The term Secularism means a State which has no religion of its own as a recognized religion of the State. It treats all religions equally.
• Democratic: The term “democratic” indicates that the Constitution has established a form of Government that gets authority from the will of the people. The rulers are elected by the people. Justice, liberty Equality, and Fraternity are the essential features of democracy.
• Republic: The term Republic signifies that there shall be an elected head of the State who will be the Chief Executive Head. The President of India, unlike the British King or Queen, is not a hereditary monarch but an elected person chosen for a limited period. It is an essential ingredient of a Republic.

Parliamentary form of Government

Both at the Centre and States, the Constitution established a parliamentary form of Government.  The essence of the parliamentary form of Government is its responsibility to the legislature. The Council of Ministers is collectively responsible to the Lower House i.e., Lok Sabha, and therefore it is called responsible Government.

Parliamentary democracy has three important characteristics namely,

• The executive is responsible to the Lower House;
• The Lower House has a democratic basis i.e. it is elected by the people; and
• The ultimate legislative and financial control is vested in this Lower House.

The Parliamentary system of Government in India is based on adult suffrage, whereby all citizens of India who are not less than 18 years of age and are not disqualified on certain grounds like non-residence, unsoundness of mind or corrupt practices have the right to be registered as voters in any election to the Lok Sabha and the Legislative Assemblies of the States.

Partly Rigid and Partly Flexible

One of the important features of the Indian Constitution is that it is partly rigid and partly flexible.

• Certain provisions can be amended by a simple majority in Parliament, while there are certain other provisions whose amendment requires not only a special majority in Parliament but also ratification by at least one-half of the State Legislatures.

Fundamental Rights

Fundamental Rights are incorporated in part III of the Indian Constitution. This idea of incorporating the Bill of Rights has been taken from the Constitution of the United States.

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• These rights impose limitations on the powers of the State. The State cannot take away or abridge these Fundamental Rights of the citizens guaranteed by the Constitution.
• If it passes such a law it may be declared unconstitutional by the Courts.
• The Supreme Court is empowered to grant the most effective remedies like Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari whenever these rights are violated.

However, the Fundamental Rights are not absolute. They are subjected to certain restrictions, based on some social interests.

Directive Principles of State Policy

The Directive Principles of State Policy is contained in Part IV of the Constitution. Unlike Fundamental Rights, these rights are not justiciable. Though by their very nature, they are not justiciable in the Court of law.

• The idea of the welfare state envisaged in our Constitution can only be achieved if the States endeavor to implement it with a high sense of moral duty.
• Directive Principles of State Policy support villages and rural economy called Gram Swaraj, one of the ideals of Mahatma Gandhi.

Fundamental Duties

The provisions of fundamental duties were not provided by the original constitution. It was incorporated by the 42nd Amendment Act, of 1976, as a Code of ten “Fundamental Duties” for Citizens. These were added on the recommendation of the Swaran Singh Committee.

• The 86th Amendment Act of 2002 added one more fundamental duty (11th). These duties, like the Directive Principles of State Policy, cannot be judicially enforced. However, they remind the responsible citizens what the Constitution expects from them.

Adult Suffrage

Under the Indian Constitution, every man and woman above 18 years of age has been given the right to elect their representatives for the legislature. By the 61st Amendment Act of 1988, the voting age was reduced to 18 years from 21 years in 1989.

• The adoption of universal adult suffrage under Article 326 without any qualification of sex, property, taxation, or the like is a bold experiment in India having regard to the vast extent of the country and its population, with an overwhelming illiteracy.

An Independent Judiciary

The Indian Constitution establishes an integrated as well as an independent judicial system. The Supreme Court stands at the top of the integrated judicial system of the country and below it, there are high courts at the state level.

The Supreme Court is the highest court of appeal, the guarantor of fundamental rights, and the guardian of the Constitution.

A Secular Socialist State

The Citizens of our country are free to follow any religion and they enjoy equal rights without any distinction of caste, creed religion, or sex. The word “secular” has been included in the Preamble by the 42nd Amendment.

• Article 15 (1) prohibits any discrimination based on religion, and Article 25 (1) provides that subject to public order, morality, and health and the other provisions, all persons are equally entitled to freedom of conscience and the right to profess, practice, and propagate religion.
• Secularism is also subject to democratic socialism. Religious freedom cannot, therefore, be used to practice economic exploitation. The right to acquire, own, and administer property by religious institutions is subject to the regulatory power of the State.

Single Citizenship

Though the Constitution envisaged a dual polity i.e., Centre and States, it provides for a single citizenship for the whole of India. The American Constitution provides for dual citizenship i.e., the citizen of the USA and a State citizenship. Every Indian has citizenship throughout the country with the same rights.

Three-Tier Government

One of the prominent features of the Indian Constitution is the three-tier structure of government. The original Constitution, like all other federal constitutions, established a dual polity and contained laws governing the structure and authority of both the federal government and the states. Later, the third level of government (i.e., local) was added by the 73rd and 74th Constitutional Amendment Acts of 1992, which is not found in any other constitution in the world.

The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats (rural local governments) by adding a new Part IX and a new Schedule 11 to the Constitution. Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the municipalities (urban local governments) by adding a new Part IX-A and a new Schedule 12 to the Constitution.

Related Articles:

• Constitution of India
• Borrowed features of the Indian Constitution
• Indian Constitution: History and Evolution
• Historical background of Indian Constitution

Article Written By: Priti Raj

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Parliamentary System – UPSC Notes – Indian Polity

Table of Contents

India’s Constitution establishes a parliamentary system of government at both the national level (Centre) and the state level. Articles 74 and 75 cover the parliamentary system at the Centre, while Articles 163 and 164 do so for the states.

In modern democracies, governments are categorized as parliamentary or presidential based on how the executive and legislative branches interact. In a parliamentary system, the executive (government) is accountable to the legislature (parliament) for its decisions and actions. On the other hand, in a presidential system, the executive is not answerable to the legislature and is constitutionally independent regarding its term of office.

The parliamentary government , also called cabinet government or responsible government , is widely used in countries like Britain, Japan, Canada , and India . On the other hand, the presidential government , also known as non-responsible or non-parliamentary or fixed executive system , is common in countries such as the USA, Brazil, Russia , and Sri Lanka .

Ivor Jennings named the parliamentary system the ‘ cabinet system ‘ because the cabinet holds the central power in this type of government. The parliamentary government is also known as ‘ responsible government ‘ because the cabinet , the real executive, is answerable to the Parliament and remains in power as long as it has the Parliament’s confidence . It’s referred to as the ‘ Westminster model of government ‘ after the British Parliament’s location, where this system originated.

In the past, British constitutional and political experts used to call the Prime Minister ‘primus inter pares’ (first among equals) regarding the cabinet . Recently, the Prime Minister’s power and influence over the cabinet have grown a lot. Now, the Prime Minister plays a very strong role in the British political and administrative system. That’s why modern political analysts, such as Cross-man, Mackintosh, and others , now refer to the British system of government as ‘ prime ministerial government .’ This description also fits well with the Indian context .

Features of Parliamentary Government

Parliamentary Government in India has certain key features that make it unique. Let’s break them down for better understanding:

• The President is the symbolic executive (called nominal or de jure executive).
• The Prime Minister is the practical executive (known as real or de facto executive).
• The President is the head of the State , while the Prime Minister is the head of the government .
• The President gets advice from a council of ministers headed by the Prime Minister, and this advice is binding .
• The political party winning the most seats in the Lok Sabha forms the government.
• The party leader becomes the Prime Minister .
• Other ministers are chosen by the President based on the Prime Minister’s advice.
• In case no party has a majority, a group of parties may be asked by the President to form a coalition government .
• Ministers are responsible collectively to Parliament and specifically to the Lok Sabha .
• They work as a team , and the principle of collective responsibility means Lok Sabha can remove the ministry through a vote of no confidence .
• Ministers usually belong to the same political party , sharing similar ideologies .
• In a coalition government , ministers follow a consensus .
• Ministers are members of both the legislature and the executive .
• To be a minister, one must be a member of Parliament .
• If a minister isn’t a Member of Parliament for six consecutive months, they cease to be a minister.
• The Prime Minister holds crucial roles as the leader of the council of ministers, Parliament, and the ruling party .
• This leadership is significant in the effective functioning of the government .
• The President can dissolve the Lok Sabha on the advice of the Prime Minister .
• This means the Prime Minister can recommend holding fresh elections before the term expires.
• Ministers operate based on the principle of secrecy and cannot disclose information about their actions, policies, or decisions.
• They take an oath of secrecy administered by the President .

Features of Presidential Government

In the American system, unlike the Indian Constitution, they follow a presidential form of government. Here are the key aspects of the American presidential system:

• The American President serves as both the ceremonial head of the State and the leader of the government.
• In his role as the head of State, he holds a symbolic position. As the head of the government, he leads the executive branch.
• The President is elected by an electoral college and serves a fixed term of four years.
• Removal by Congress is only possible through impeachment for a serious unconstitutional act.
• The President governs with the assistance of a cabinet or a smaller group known as the ‘Kitchen Cabinet.’
• The Kitchen Cabinet is an advisory body consisting of non-elected departmental secretaries. They are chosen and appointed by the President, report only to him, and can be dismissed by him at any time.
• The President and his secretaries are not accountable to Congress for their actions.
• They do not hold membership in Congress and do not attend its sessions.
• The President does not have the power to dissolve the House of Representatives, which is the lower house of Congress.
• The foundation of the American presidential system is the doctrine of separation of powers.
• Legislative, executive, and judicial powers are divided and placed in three independent branches of the government.

Advantages of the Parliamentary System

• The parliamentary system ensures a smooth and cooperative relationship between the legislative and executive branches of the government.
• Since the executive is a part of the legislature, they work together, reducing the likelihood of conflicts between them.
• The parliamentary system establishes a responsible government where ministers are accountable to the Parliament for their actions.
• Parliament exercises control over ministers through mechanisms like question hours , discussions , adjournment motions , and no-confidence motions .
• Power in the parliamentary system is distributed among a group of individuals ( council of ministers ) rather than concentrated in a single person.
• This distribution of authority helps prevent dictatorial tendencies in the executive, and ministers can be removed through a no-confidence motion .
• If the ruling party loses majority support, the Head of the State can invite the opposition party to form the government.
• This allows for the formation of an alternative government without the need for fresh elections, providing stability .
• In a parliamentary system, the executive comprises ministers who represent various sections and regions of the population.
• This allows for broad representation , as the prime minister considers diversity while selecting ministers.

Disadvantages of the Parliamentary System

Despite its positive aspects, the parliamentary system has some drawbacks:

• The parliamentary system lacks stability, as there’s no assurance that a government will complete its term.
• Ministers rely on the favor of the majority legislators for their continuity, making them vulnerable to factors like no-confidence motions, political defection, or issues within multiparty coalitions.
• This system is not suitable for formulating and implementing long-term policies due to the uncertainty of government tenure.
• Changes in the ruling party often lead to shifts in government policies, as seen when the Janata Government reversed many policies of the previous Congress Government in 1977.
• When the ruling party holds absolute majority, the cabinet can become autocratic and wield excessive power.
• This concentration of power was evident during the times of leaders like Indira Gandhi and Rajiv Gandhi.
• The parliamentary system combines the legislature and executive, with the cabinet acting as both the leader of the legislature and the executive.
• This setup contradicts the principle of separation of powers, as described by Bagehot, leading to a fusion of powers.
• The parliamentary system doesn’t promote administrative efficiency as ministers may lack expertise in their fields.
• The Prime Minister’s choices for ministers are limited to members of Parliament, and external talent is not considered. Ministers also dedicate a significant amount of time to parliamentary work, cabinet meetings, and party activities.

In the subsequent analysis, a comparative evaluation of the parliamentary and presidential systems will be undertaken, scrutinizing their features, merits, and demerits to provide a comprehensive understanding of their respective structures.

Comparison of Parliamentary and Presidential Systems

Reasons for adopting the parliamentary system.

Advocacy for the US presidential system was present during the Constituent Assembly discussions; however, the framers opted for the British parliamentary system for several reasons:

• The Constitution-makers were acquainted with the parliamentary system, which had been in operation in India during British rule.
• K M Munshi emphasized that the country’s governance had incorporated some form of responsibility over the past few decades, and constitutional traditions had become parliamentary.
• Dr B R Ambedkar highlighted in the Constituent Assembly the importance of a democratic executive satisfying both stability and responsibility.
• While the American system provided more stability but less responsibility, the British system, chosen in the Draft Constitution, prioritized more responsibility over stability.
• The framers aimed to prevent conflicts between the legislature and the executive, which were anticipated in the presidential system of the USA.
• They believed that an emerging democracy could not afford perpetual cleavages, feuds, or conflicts between these government organs, preferring a system conducive to the country’s multifaceted development.
• India, being one of the most heterogeneous and complex plural societies globally, influenced the choice of the parliamentary system.
• This system offered greater flexibility in providing representation to diverse sections, interests, and regions, fostering a national spirit and contributing to a united India.

Despite discussions on whether to continue the parliamentary system or transition to the presidential system since the 1970s, a committee appointed in 1975, the Swaran Singh Committee, concluded that the parliamentary system has performed well, and there is no need to replace it with the presidential system.

Differences between Indian and British Parliamentary Systems

The Indian parliamentary system, although inspired by the British model, has some notable differences:

• In India, we have a republican system, meaning our Head of State (President) is elected. In contrast, in Britain, the Head of State (King or Queen) holds a hereditary position.
• While the British system emphasizes the sovereignty of Parliament, in India, Parliament’s powers are limited and restricted due to a written Constitution, a federal system, judicial review, and fundamental rights.
• In Britain, the Prime Minister must be a member of the Lower House (House of Commons). In India, the Prime Minister can be a member of either of the two Houses of Parliament.
• In Britain, usually, only members of Parliament are appointed as ministers. In India, a person not in Parliament can be a minister, but only for a maximum of six months.
• Britain has a system of legal responsibility for ministers, but India does not. Unlike in Britain, Indian ministers are not required to countersign the official acts of the Head of State.
• The British cabinet system includes a unique institution called the ‘Shadow Cabinet.’ It is formed by the opposition party to balance the ruling cabinet and prepare its members for future ministerial roles. However, India does not have a similar institution.

FAQs on India’s Parliamentary System

• A parliamentary system is a form of government where the executive (government) is accountable to the legislature (parliament) for its decisions and actions.
• Articles 74 and 75 cover the parliamentary system at the Centre in India.
• The key principle is that the executive (cabinet) is accountable to the legislature (parliament) and remains in power as long as it has the parliament’s confidence.
• The parliamentary government is also known as the ‘cabinet government,’ ‘responsible government,’ and the ‘Westminster model of government.’
• Ivor Jennings named the parliamentary system the ‘cabinet system’ because the cabinet holds central power in this type of government.
• The Prime Minister is the leader of the council of ministers, Parliament, and the ruling party in the parliamentary system, playing a significant role in the effective functioning of the government.
• The President can dissolve the Lok Sabha on the advice of the Prime Minister in the parliamentary system.
• Ministers are collectively responsible to Parliament, and the Lok Sabha can remove the entire ministry through a vote of no confidence.
• The President is the symbolic executive (nominal or de jure executive) in the parliamentary system, while the Prime Minister is the practical executive (real or de facto executive).
• If a minister is not a Member of Parliament for six consecutive months, they cease to be a minister in the parliamentary system.

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UPSC NCERT Notes – Indian Polity – State legislature

The State Legislature stands as a cornerstone of India’s federal structure, embodying the democratic ethos and principles of governance within each state. Aspiring civil servants preparing for the UPSC examination delve into the intricate workings of the State Legislature through meticulously curated NCERT notes. These notes serve as indispensable guides, offering a comprehensive understanding of the constitutional framework, legislative procedures, and the pivotal role played by the State Legislature in shaping policies and laws at the state level. With a focus on Indian Polity, these UPSC NCERT notes unravel the nuances of state governance, empowering aspirants with the knowledge necessary to navigate the complexities of public administration and contribute meaningfully to the nation’s development.

The Constitution grants states the flexibility to establish either a unicameral or bicameral legislature, outlined in Articles 168 to 21 2 in Part V of the Constitution, which addresses the organization, composition, duration, officers, procedures, privileges, powers, and more of the State Legislature.

As per Article 168 of the Indian Constitution, each state is mandated to have a legislature, consisting of the Governor and either one or two Houses of the Legislature.

Table of Contents

Organization and Composition of State Legislature

• Article 168 of the Constitution stipulates the establishment of a legislature for each state. 
• States with a unicameral system have only the Vidhan Sabha, while those with a bicameral system have both the Vidhan Sabha and Vidhan Parishad.
• Six states, namely Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka, feature a Legislative Council.
• The Jammu and Kashmir Legislative Council was dismantled in 2019 following the enactment of the Jammu and Kashmir Reorganisation Bill, which transformed the state into the Union Territories of Jammu and Kashmir and Ladakh.

State Legislature

Governor Legislative Council Legislative Assemblies (Vidhan Parishad) (Vidhan Sabha)

Legislative Council

• The role of the Legislative Council in a state mirrors that of the Rajya Sabha at the Union level.
• This similarity extends to matters such as privileges and immunities of legislatures, member disqualification, the relationship between the two Houses, legislative procedures, the origination of Money Bills, and more.

Composition of the Council

• The Legislative Council’s maximum strength is set at one-third of the total assembly strength, with a minimum of 40 members. Members are elected using the system of proportional representation through the Single Transferable Vote, as outlined in Clause (3) of Article 171.

According to Article 171(3):

• One-third of the members are elected by electorates comprising members of municipalities, district boards, and other specified local authorities.
• One-twelfth are elected by electorates consisting of residents who have been graduates for at least three years or possess qualifications equivalent to a graduate.
• Another one-twelfth are elected by electorates comprising individuals engaged in teaching for at least three years in educational institutions of a standard not lower than that of a secondary school
• The remaining one-sixth are nominated by the Governor and should have special knowledge or practical experience in literature, science, art, cooperative movement, and social service.

Legislative Assembly

• The Legislative Assembly (Vidhan Sabha) serves as the Lower House of the State Legislature, analogous to the Lok Sabha at the national level. 
• It represents the will of the state’s people, with members directly elected by the public.

Composition of the Assembly

• Article 170(1) stipulates that each state’s Legislative Assembly shall consist of not more than 500 and not less than 60 members, chosen through direct election from territorial constituencies in the state. 
• Exceptions include Arunachal Pradesh, Sikkim, and Goa, where the minimum is fixed at 30, Mizoram at 40, and Nagaland at 46.

Qualifications for the Houses

• According to Article 173 , an individual is eligible to be chosen to fill a seat in the Legislature of a state if they are a citizen of India and meet the age requirement of not less than 25 years for the Legislative Assembly and not less than 30 years for the Legislative Council.
• Possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament

Legislative Assemblies and Legislative Councils in States/UTs

Disqualifications of the houses:.

• He holds any office of profit under the Union or State Government (except that of a minister or any other office exempted by State Legislature).
• He is of unsound mind and stands so declared by a court.
• He is an undischarged insolvent.
• He is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance to a foreign state.
• He is so disqualified under any law made by Parliament.
• According to Article 191(2), a person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is disqualified under the Anti-Defection Law of the Tenth Schedule.

Duration of State Legislature:

Duration of assembly:.

• Legislative Assembly of every state, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.
• If a proclamation of emergency is in operation, the term of the assembly can be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate.

Duration of Council:

• Like the Rajya Sabha, the Legislative Council is a continuing chamber, i.e., it is a permanent body and is not subject to dissolution. 
• However, one-third of its members retire on the expiration of every second year, continuing as members for six years.
• Vacant seats are filled up by fresh elections and nominations every third year, with retiring members being eligible for the next term.

Oath, Affirmation, and Salaries:

• Every member of either House of the State Legislature, before taking their seat, has to make and subscribe an oath or affirmation before the Governor.
• Oath of a State Legislature Member:
• To bear true faith and allegiance to the Constitution of India.
• To uphold the sovereignty and integrity of India.
• To faithfully discharge the duty of their office.
• Without taking this oath, a member cannot vote, participate in the proceedings, or be eligible for the privileges and immunities of the State Legislature.

Salaries and Allowances:

• The salaries and allowances of State Legislature members are determined by the State Legislature.
• Vacation of Assembly Seat (Under Article 190):

No Double Membership:

• A person cannot be a member of both Houses of the Legislature of a State. State law can provide for the vacation of a seat by someone chosen as a member of both Houses of Parliament.
• If a person is chosen as a member of the Legislatures of two or more states, they must choose a State Legislature within a fixed time period to continue as a member. Failure to do so results in the vacancy of their seat in all legislatures.

Conditions for Vacancies outside Article 191:

Vacancies can occur if:

• The election of a State Legislature member is declared void.
• A member is expelled from the House.
• A member is elected to the office of President, Vice-President, or Governor of the State.

Presiding Officers of the State Legislature:

Duration of office and vacancy of seat – speaker:.

• Ceasing to be a House member.
• Resignation submitted to the Deputy Speaker.
• Removal by House resolution with a 14-day notice.

Powers and Duties of the Speaker:

• Adjourns or suspends meetings in the absence of a quorum.
• Maintains order and decorum.
• Allows secret sittings.
• Decides disqualification questions under the Tenth Schedule.
• Ceases to be an assembly member.
• Resigns to the Deputy Speaker.
• Removed by House resolution with a 14-day notice.
• Appoints committee chairmen supervises their functions and chairs key committees.

Deputy Speaker of Assembly:

• Elected post-Speaker election.
• Acts as Speaker in vacancies or absence, possessing all Speaker powers.

Comparison of Legislative Council and Legislative Assembly:

• Ordinary Bill passage: Assembly prevails in case of disagreement.
• Money Bill introduction: Exclusive to the assembly.
• President election participation: Council excluded.
• Constitutional Amendment Bill ratification: Limited council involvement; existence depends on the assembly’s will.

Sessions of the State Legislature –

Summoning, Adjournment, Prorogation, Dissolution , 

• Summoning: The Governor calls each House; a minimum 6-month gap.
• Adjournment: Temporary suspension for hours, days, or weeks.
• Prorogation: Governor ends a session; adjournment sine die by Presiding Officer.
• Dissolution: Ends existing House; new House after general elections.
• Quorum: One-tenth of total members, including the Presiding Officer; lack requires adjournment or suspension.
• Deputy Speaker: Like the Speaker, elected by the assembly from its members.

Governor’s Address:

• Under Article 176, the Governor addresses the Legislative Assembly at the initial session post-election and the commencement of each financial year.

Legislative Procedures in State Legislature:

The process for passing bills into law is identical in both Houses.

Ordinary Bill:

• According to Article 196, an Ordinary Bill pertains to non-money matters and goes through the standard legislative process. 
• It must be passed by both Houses if a Legislative Council exists.
• Article 197 outlines scenarios of conflict, and if the Legislative Assembly passes the bill again, it’s deemed passed by both Houses.

Money Bill:

• According to Article 199, a Money Bill exclusively pertains to taxation matters and can only be introduced in the Legislative Assembly.

Assent on Bills by Governor and President:

• Assent of the Governor (Article 200): After passage by the Legislative Assembly or both Houses, the Governor can assent, withhold assent, or reserve the bill for the President’s consideration.
• Assent of the President (Article 201): If reserved, the President may assent, withhold assent, or return the bill to the State Legislature for reconsideration. After reconsideration, the President is not obligated to assent.

State Funds:

• Consolidated Fund of the State (Article 266(1)): All government revenues and recovered loan amounts are deposited in the Consolidated Fund.

State Finances:

• After State Legislature approval, government expenses are covered by this fund.

State Public Account:

• As per Article 266(2), other public funds received by or on behalf of the State Government are deposited in the state’s public accounts.

State Contingency Fund:

• Under Article 267, a fund for contingency expenditure is established. It is controlled by the Governor, and withdrawing from this fund requires the Governor’s permission.

Privileges of State Legislature:

• Each House has the right to publish its reports, debates, and proceedings. It can make rules to regulate its procedure and the conduct of its business and to adjudicate upon such manners.
• The courts are prohibited from enquiring into the proceedings of the House and its proceedings. There are two kinds of privileges of the State Legislature. They are

Collective Privileges:

• Right to publish reports, debates, and proceedings.
• Authority to make rules for self-regulation and conduct adjudications.
• Power to exclude strangers, hold secret sittings and punish for privilege breaches.
• Immediate information rights regarding a member’s arrest, detention, etc.
• Prohibition on courts inquiring into House proceedings.

Individual Privileges:

• Immunity from arrest during, 40 days before, and 40 days after a session (civil cases only).
• Freedom of speech in the State Legislature without liability in courts.
• Exemption from jury service.
• Right to refuse evidence and appear as a witness during legislative sessions.

Lapsing of Bills:

• A bill pending in the assembly lapses.
• A bill passed by the assembly but pending in the council lapses.
• A bill pending in the council but not passed by the assembly does not lapse.
• A bill passed by the assembly or both Houses without assent from the Governor or President does not lapse.
• A bill returned by the President for reconsideration does not lapse.
• Mentioned in Article 188(3) of the Indian Constitution.
• Requires a minimum of ten members or one-tenth of the total members for a House sitting.
• The Presiding Officer adjourns or suspends the meeting until there is a quorum.

Language in State Legislatures:

• The Constitution designates Hindi or English as the official language(s) for State Legislature business. However, the Presiding Officer can permit members to address the House in their mother tongue.
• State Legislatures can decide to continue or discontinue English as a floor language after 15 years from the Constitution’s commencement (from 1965). For Himachal Pradesh, Manipur, Meghalaya, and Tripura, the limit is 25 years, while for Arunachal Pradesh, Goa, and Mizoram, it’s 40 years.

Rights of Ministers and Advocate General:

• Ministers and the Advocate General of the State, in addition to House members, have the right to speak and participate in proceedings or committees without voting entitlement. 

Two reasons underlie this provision:

• A minister can engage in the proceedings of a non-member House.
• A non-member minister can participate in both Houses’ proceedings but is ineligible to vote.

Important Articles Related to State Legislature

Differences between the legislative assembly (vidhan sabha) and legislative council (vidhan parishad, prelims facts.

• The Upper House of the State Legislature is known as Vidhan Parishad (BPSC (Pre) 2000, RAS/RTS (Pre) 2016).
• Article 171 of the Indian Constitution provides the provision for Vidhan Parishad in the state (MPPSC (Pre) 2014).
• The procedure for creating Legislative Councils in states is outlined in Article 169 of the Constitution (IAS (Mains) 2007) .
• The tenure of a member of the State Legislative Council is 6 years (UKPSC (Pre) 2021).
• The number of nominated members in the Legislative Council is one-sixth of the total strength (UPPSC (Mains) 2014), and in the Legislative Council of Uttar Pradesh, the State Governor nominates 12 members (CGPSC (Pre) 2011).
• The minimum age limit for the membership of the Legislative Assembly is 25 years (MPPSC (Pre) 1997).
• Sikkim is an exception to Article 170, which states that the State Legislative Assembly of a state shall consist of not less than sixty members (UPPSC (Mains) 2015).
• The maximum number of members in the Legislative Assembly of a state in India can be 500 (IAS (Pre) 2008, UPPSC (Mains) 2014).
• The Vidhan Sabha of a state is prorogued by the Governor (MPPSC (Pre) 2002).
• The maximum permissible period between two sessions of a State Legislative Assembly is six months (APSC (Pre) 2016).
• The Speaker continues to hold the position even after the dissolution of the assembly until the first sitting of the new assembly (IAS (Mains) 2004).
• If the Speaker of the Legislative Assembly of a state wants to resign, he will give his resignation to the Deputy Speaker (BPSC (Pre) 1995).
• The Legislative Council can hold an ordinary bill for 4 months (IAS (Pre) 2005).
• No money bill can be introduced in the assembly of a state except on the recommendation of the Governor of the State (UPPSC (Pre) 2012).
• The final authority to decide any question relating to the disqualification of a member of a house of the legislature of a state is the Governor (CGPSC (Pre) 2011).
• State Assembly elections are conducted by the Election Commission of India (LIPPSC (Mains) 2008).
• Pay and allowances of the ministers of a State Government are determined by the State Legislative Assembly (UPPSC (Main) 2008).
• Provisions for a vote on account, the vote of credit, and exceptional grants are mentioned under Article 206 (MPSC (Pre) 2015).

UPSC NCERT Practice Questions

1. which one of the following states of india does not have a legislative council so far even though the constitution (7th amendment) act, 1956 provides for it ias (pre) 1995.

(a) Maharashtra

(c) Karnataka

(d) Madhya Pradesh

2. Which one of the following Indian states has the largest number of members in its State Legislature? BPSC (Pre) 2019

(a) Arunachal Pradesh

(b) Himachal Pradesh

(c) Manipur

(d) Meghalaya

3. According to Article 170 of the Indian Constitution, the minimum and maximum strength of members of the Legislative Assembly in a State can be respectively UP RO/ARO (Pre) 2017 

(a) 40 and 400

(b) 50 and 450

(c) 50 and 500

(d) 60 and 500

4. The number of nominated members in the Legislative Council is UPSC (Mains) 2017

(a) 1/3 of the total strength

(b) 14/ of the total strength

(c) 1/6 of the total strength

(d) None of the above

5. Concerning the composition of the Legislative Council in a state of India, which of the following statements) is/are correct? UPPSC (Pre) 2023 

1 nI the Legislative Council, there may not be more than one-third members of the total membership of the Legislative Assembly of the state.

2 The Legislative Council of a state must have at least forty members in it.

Select the correct answer from the codes given below.

(a) Both 1 and 2

(b) 2 Only 

(c) Neither 1 nor 2 

6. Consider the following statements. The Constitution of India provides that AIS (Pre) 2008

1. the Legislative Assembly of each state shall consist of not more than 450 members chosen by direct election from territorial constituencies in the state. 

2. A person should not be qualified to be chosen to fill a seat in the Legislative Assembly of a state if he/she is less than 25 years of age.

Which of the statements) given above is/are correct?

(a) 1Only 

(c) Both 1 and 2

(d) Neither 1 nor 2

7. With reference to the Legislative Assembly of a State in India, consider the following statements. IAS (Pre) 2019

1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.

2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

Which of the statements) given above is/are

(a) 1 Only 

(c) Both 1and 2

8. Consider the following statements. AIS (Pre) 2018 

1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.

2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately. Which of the statements) given above is/are correct? 

(a) 2 Only 

(b)1 Only 

9. Which of the following Constitution Amendment Acts, seeks in the size of the Council of Ministers at the Centre and in a State must not exceed 15% of the total number of members in the Lok Sabha and the total number of members of the Legislative Assembly of the State respectively?

(c) 95th 

10. Consider the folowing statements. ASI (Pre) 2015

1. The Legislative Council of a state ni India can be larger size than half the Legislative Assembly fo that particular state.

2. The Governor of a state nominates the Chairman fo the Legislative Council of that particular state.

Whcih of hte statements) gvien above is/are corect? 

(d) Neither 1nor 2

11. Which one of the folowing statements) is/are correct?

1 The Governor si the Ex-officio Chairman of the Legislative Council.

2 The Speaker of the Legislative Asembly also acts sa the Chairman of the Legislative Council.

3. The Council elects its own Chairman from amongst its members.

Codes 

d) none of these

12. If in an election to a State Legislative Assembly, the candidate who is declared elected loses his deposit, it means that APSC (Pre) 2015

(a) the polling was very poor.

(b) the election was for a multi-member constituency. 

(c) the elected candidate’s victory over his nearest rival was very marginal.

(d) a very large number of candidates contested the election.

13. Which of the following statements are correct in reference ot rule of procedure for ‘Motion For Adjournment’ on a matter of public importance in Rajasthan Legislative Assembly? RAS/RTS (Pre) 2018

1 Speaker’s consent necessary to make motion.

2 The motion shal raise a question of privilege.

3 the motion shallbe restricted to a specific matter of recent occurence

4 Not more than one such motion shal be made at the same sitting.

Select hte correct answer by using the codes given below.

(a) ,1 2 and 3

(b) 1, 2and 4

(c) ,1 3 and 4

14. Which of the following statements is/are correct? Under Article 200 of the Constitution of India, the Governor of a State may

1. withhold his assent to a hill passed by the State Legislature.

2. reserve the bill passed by the State Legislature for reconsideration of the President.

3. return the bill, other than a Money Bill for reconsideration of the legislature.

(c) 2 and 3

(b) 1 and 2

(d) All of these

15. Consider the following statements. LAS (Pre) 2018

1. No criminal proceeding shall be instituted against the Governor of a State in any court during his terms of office.

2. The emoluments and allowances of the Governor of a State shall not he diminished during his terms of office.

Which of the statement(s) given above is/are correct?

16. With reference to India, consider the following statements.IAS (Pre) 2021

1. When a prisoner makes out a sufficient case, Parole cannot be denied to such prisoner because it becomes a matter of his/her right.

2. State Governments have their own Prisoners release on Parole rules.

Know Right Answer

5. (a) 

15. (c)      

Frequently Asked Questions (FAQs)

Q1: what is the significance of the state legislature in the indian political system.

A1: The State Legislature plays a crucial role in the Indian political system as it is responsible for making laws at the state level. Comprising the Legislative Assembly and Legislative Council (where applicable), it ensures representation of the people in decision-making processes. The State Legislature also holds the state government accountable through debates, discussions, and questioning, thereby contributing to the democratic governance of the state.

Q2: What is the composition of the State Legislature according to the Indian Constitution?

A2: The State Legislature consists of two houses – the Legislative Assembly and the Legislative Council. The Legislative Assembly is the lower house and is directly elected by the people through general elections. The Legislative Council, on the other hand, is the upper house and is not present in all states. Members of the Legislative Council are elected by various constituencies, including graduates, teachers, and local authority members. The composition may vary from state to state.

Q3: How does the State Legislature exercise its legislative powers?

A3: The State Legislature, like the Parliament at the national level, exercises its legislative powers through a process of bill introduction, debate, and voting. Members of the State Legislature propose bills, which can be of various types, such as money bills, ordinary bills, and constitutional amendment bills. These bills go through readings, committee scrutiny, and discussions before being voted upon. If a bill is approved by a majority, it is sent to the Governor for assent, after which it becomes law. The State Legislature also has the power to amend the state constitution, subject to the overall framework of the Indian Constitution.

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UPSC All India Mock Test – Edukemy Open Mock

Indian Politics Essay

500 words essay on indian politics.

Politics, simply speaking, refers to the activities surrounding a country’s governance. In the context of a large democratic country like India, politics becomes really complicated. This Indian politics essay will throw light on the politics of India.

                                                                                                                     Indian Politics Essay

Background of Indian Politics

Politics in India, like any other democratic country, involves the ruling party and the opposition. In India, the formation of political parties has taken place on the basis of ideology. Moreover, the Indian political parties belong to the left and the right political spectrum.

Leftist politics rely on the values of secularism , liberalism, and rebelliousness. In contrast, rightist politics favour the values of being pro-government, orderly, conservative, and traditional.

There are no definitions of left-right politics anywhere in the Indian constitution. Furthermore, these terms were given by commentators, authors, and journalists. Also, it has been witnessed in India that some politicians can change their political party and ideology.

Indeed for a stable democracy , it is necessary that both political ideologies, the right and left, operate side by side. As such, some times, the country may be under rightist influence while leftist ideals may dominate at another time. The two major political parties in India, BJP and Congress, clearly demonstrate the two different political spectrums of right and left respectively.

Problem with Indian Politics

For a democracy to work properly there must be a proper demarcation between the political ideologies. However, in India, the demarcation between these ideologies tends to get blurry, thereby resulting in the superimposition of one ideology over the other. This is certainly not an indication of a mature democracy.

The political system of India suffers due to the clash of different political ideologies. Furthermore, such clashes can turn out to be quite ugly. Most noteworthy, such clashes are detrimental to the development of the country as a whole.

Various other problems affect Indian politics like hatred, injustice, corruption, greed, and bigotry. Due to all these problems, Indian politics is called a dirty game. Such problems can also force many intellectual and eminent individuals to stay away from Indian politics.

Sometimes the Indian politicians may choose a political party, not because of the ideological stance, but rather due to the winning probability in the elections. This is a really sad reality of Indian politics. Moreover, it shows that such politicians care more about their own personal interests rather than the interests of the common people.

Get the huge list of more than 500 Essay Topics and Ideas

Conclusion of Indian Politics Essay

Indian politics is a colourful drama and, according to some, its the great circus of the country. Despite such negative connotations, no one can doubt the enormously important role that politics has played in India. Most noteworthy, it is a crucial aspect of Indian democracy.

FAQs For Indian Politics Essay

Question 1: How many political parties are there in India?

Answer 1: According to the latest publication from the Election Commission of India, the total number of registered political parties in India is 2698. Furthermore, out of the registered political parties, 8 are national parties, 52 are state parties, and 2638 remain unrecognised. Also, registered parties that contest elections must have a symbol of their own that is approved by the EC.

Question 2: What are the two most powerful political parties in India?

Answer 2: The two most powerful political parties in India are the Bharatiya Janata Party and the Indian National Congress or Congress or INC. Furthermore, BJP is the leading right-wing party while Congress is the leading centrist/leftist party in India.

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• Indian Politics Essay

Essay on Indian Politics

The functioning of the political system is crucial for the smooth development of any country. India is no different. From being the largest democracy in the world and having the Prime Minister as the supreme leader of the country, Indian politics has its own charisma. 

In the given below Indian politics essay, one can read all about the Indian political system, it's functioning, and the problems faced by it. For India, political scenarios and events play an important role. 

The Various Shades of Indian Politics  

India is the largest democracy in the world. Almost 1 out of every 6 humans in the world is an Indian. With such an enormous and diverse population, there are a number of political ideologies and political parties which are present and functioning all over the country. The constitution of India gives the right to every citizen of the country to form political parties and contest elections in the country. Although, Politics in India is not only limited to just political parties but has become central to all walks of life among everyone. Politics is said to be the art of influencing the will of the state. We have seen various pressure groups, advocacy groups, interests groups, etc which work in tandem with the political organizations. The work of the political parties is not just limited to winning elections, but it is the duty of every citizen of the country to ensure that our representatives remain responsive to the demand of the people and fulfill their electoral promises. 

Political parties in India are generally of two major categories, these are National Parties and Regional parties. The National parties are those political organizations that have a substantial presence in most parts of the country while the Regional parties are those parties that are limited to just one state or a few states where they have some influence. The regional parties are generally formed on the lines of language as the states in India have been organized on the basis of language. The various political interest groups work along with these political parties to lobby for their interest and make sure that the issues which are of concern to the common people are brought to the attention of our leaders. The Media also plays a very vital role in the functioning of a democracy and has been recognized as the fourth pillar of a democracy. 

Long Essay on Indian Politics

The functioning of the political system is crucial for the smooth development of any country. India is no different. From being the largest democracy in the world and having the Prime Minister as the supreme leader of the country, Indian politics has its own charisma. In the given below Indian politics essay, one can read all about the Indian political system, it's functioning, and the problems faced by it. For India, political scenarios and events play an important role. 

Through this essay on Indian politics, one can get enlightened about working in the country's political system. The entire country revolves around the Indian political system. Every decision and law is taken into account for the development of the country. 

An Indian politician is somebody who is elected from his/her constituency. Every politician has their constituency from where they are elected. They then actively delve into politics. Since independence, India has strived forward thanks to the laws implemented by politicians. Indians can take pride in the fact that they are the largest democracy in the world. The PM or prime minister heads the country. He is the head of the government formed at the center. Likewise, the president is head of the central and the state government. 

The Indian parliament consists of the upper and lower house. The upper house is known as the Rajya Sabha and the lower house is called the Lok Sabha. The upper house consists of members who represent the states of the country. The lower house consists of members elected to represent the people of the country. The Supreme Court or SC is the protector of the constitution of India. Indian politics comprises three pillars that consist of the central leadership, state leadership, and the village or panchayat raj. The panchayat ray is still prominent in several villages and most rural parts of the country. Thanks to the 73rd constitutional amendment, local governance is acceptable. India is a democratic country where the leaders are elected through elections held once in four years. 

The party with the largest vote bank after the election can claim their victory. To vote in India, one must be an Indian citizen, and above 18 years of age. They need to obtain an election card. Anybody can contest in the elections in India. The individual should be an Indian citizen and have completed 25 years of age. Additionally, there are a few more conditions to be met that most candidates become eligible for. In India, there are no criteria for contesting elections. Hence, it is not surprising to note that many legislators have little to no education. One can use NOTA when they feel that their constituent candidate is not well-educated or is worthy of the position. 

In this paragraph on Indian politics, one learns about the lack of educational qualifications for the politicians. In most of the developed and developing countries, the politicians are an educated lot. Education and corruption cannot go hand in hand. The opposition needs to be proactive and take a tough stance on the ruling of the government. The country's few significant parties include BJP, Indian National Congress, CPI, AAP, BSP, and the SP. 

It is safe to say that the political scenario can be changed for the greater good of the country and society. 

Short Essay on Indian Politics

The information given below is suitable for the Indian politics essay 10th class syllabus. Students can make use of it during their examinations. In this short essay on Indian politics, one can read about the nuances of Indian politics. 

Indian politics is compared to a great circus where different political parties fight till the end. Most of the elections are marred by corruption on a large scale. Sadly, the country's political climate decides on the communal, social, and economic condition of the country. In this paragraph on Indian politics, one finds out that when the political situation is unstable, then it gives rise to unwanted problems like civil wars and revolutions, as seen in Libya, Syria, and Egypt. 

Indian politics has seen it all, right from the birth of the two single largest parties in India, the partition, emergency period, India-Bangladesh war, and the terror attacks. It is a colorful game indeed with plenty of good and bad happening side-by-side. One can hope that India progresses and matures with time. Hopefully, it will be for the greater good and development of the nation. The essay about Indian politics has shown that the freedom of choosing the kind of ideology one wants to take itself lies in Indian democracy.

Conclusion 

To conclude the Indian politics essay in English, the Indian political scenario has seen it all. Rulers of dynamic capabilities and charismatic character have taken over the realms of the country. 

Likes of Jawaharlal Nehru and Narendra Modi have adorned the coveted position of this country, which is a moment of pride for any Indian. 

FAQs on Indian Politics Essay

1. What can one learn from the essay on Indian Politics?

The Indian politics essay reveals the existing Indian political system in the country. It is similar to a game of snake and ladders. Friends become one's enemies, and sworn enemies share the dais during election rallies.

It is becoming a common sight today. Indians can be proud of the fact that they are the largest democracy existing in the world. In Indian politics, the prime minister is the head, and power is equally divided between the central and state governments.

2. Does it help Indian Politics in electing educated ministers?

The main issue plaguing the Indian political system is the lack of education. Even ministers occupying senior positions in the country are devoid of quality education. One can blame the lack of criteria when electing the minister.

This has been going on for decades, and quick changes must be imminent for the betterment of the country. It would help in routing problems like corruption that is the root cause of all issues in the country.

3. What is Politics?

Politics is a very wide subject that does not have one definite answer, for most people it is about winning elections and getting the key to state power. However, according to one of the widely accepted definitions, Politics is the art of influencing the will of the state, which means that not only the political parties and the politicians but every citizen has an active role to play in the politics of this country.

4. Which is a democracy?

According to the famous definition given by Abraham Lincoln, Democracy is a form of government that is for the people, by the people, and of the people. This is good to give a basic sense of the idea of democracy but in the more general sense, it is people deciding what is good for them and taking an active part in the decision-making process of the country.

5.  What is the difference between a democracy and a republic?

Democracy is the form of government in which it is considered that the people will be deciding how to govern themselves. While in a Republic, the people give the franchise of their mandate to a selected candidate who represents them in the seat of governance. So the Republic is the enshrinement of the will of the people into a system that selects the people who govern them while democracy makes them responsive to the people who vote for them.

6. How can the write ups along with important questions for Indian Politics be downloaded from Vedantu?

The Online resources at Vedantu can easily be accessed using 4 steps:

Open the Website of Vedantu on your Laptop or you can log in to the Vedantu App through your phone.

Search the subject of Civics along with the particular topic which you are looking for or essays which you may want to find.

Click on Download PDF to download the solution in PDF format.

Enter OTP and then the solutions will be sent to your email id

You can avail all the well-researched and good quality chapters, sample papers, syllabus on various topics from the website of Vedantu and its mobile application available on the play store.

7.  What is the importance of elections in Indian democracy?

Elections play a very vital role in any functioning democracy in the world. Elections are the litmus test on how democracy has been working because without a free and fair election process, No true democracy can survive and if the election process is not free and fair then the belief of people will turn away from democratic politics. However, elections should not be seen as the endgame of democracy as a public partition in the development process must be ensured to keep democracy vibrant.

Legislative Constitutionalism and Federal Indian Law

abstract . The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of constitutional meaning and constitutional law. This “juricentric” or court-centered constitutionalism has relegated the other, so-called political branches to a second-class status with respect to the Constitution. Not only has the dominance of the Court dampened our constitutional culture writ large, it has also occluded the ways that Congress and the executive branch play distinctive and vital roles within constitutional lawmaking.

As we finally tamp out the last few embers of hope that the Supreme Court can alone sustain, preserve, and protect a robust constitutional culture within the United States, I offer here another world now in existence that could provide strategies and visions for a less juricentric future writ large—that is, the case study of federal Indian law and of American colonialism, and the Native advocacy that gave birth to this body of law.

The core theoretical contribution of the case study is that recognizing legislative constitutionalism as a legitimate and co-equal form of constitutionalism could support a distinctive and thus more varied constitutional culture than that offered by our current juricentric system. Scholars have long celebrated the unique form of participation in the lawmaking process offered to the public by the institutional structure of Congress and have highlighted the ways that Congress has fostered constitutional deliberation with “the people themselves.” The case study of federal Indian law supports these earlier celebrations and allows us to build on them by also recognizing Congress’s ability to offer distinctive constitutional reforms. As a legislature, Congress can engage with constitutional lawmaking as statecraft—an approach wholly absent from the courts. In the context of American colonialism, Congress has offered constitutional reforms in terms of “structure”—that is, the institutions of the U.S. government and their design; implementation and alteration of the structural aspects of the constitutional order; the contours of its federalist framework; and the distribution of power—including to subordinated communities—as an insufficient and imperfect, but innovative form of constitutional lawmaking.

For scholars of federal Indian law, recognizing the longstanding relationship between Congress and Native advocates as constitutionalism fosters a deeper understanding of the constitutional developments within the law over time—developments that place the philosophies and agency of Native people and Native Nations at the center of our constitutional law and history. Beyond reperiodization of our Native legal and constitutional histories, exploring legislative constitutionalism within the field of federal Indian law provides us with an illustration of Congress taking a central role in the identification and mitigation of constitutional failure—an illustration that illuminates the problems and promise of legislative constitutionalism.

For reformers hungry to push back on the monopolization of power by the Supreme Court, the case study of federal Indian law offers an example of marginalized advocates successfully reining in the Court using little more than persistence and ingenuity. Importantly, this case study demonstrates that stripping power from the Court may not dampen our constitutional culture or leave it to the whims of populist passion, even in the context of constitutional failure and even as applied to subordinated populations. Rather, Congress has and can play a more central role in our constitutional lawmaking on par with the Court, if we the people finally embrace and support its ability to do so.

author. (Fond du Lac Band of Lake Superior Ojibwe) Professor of Law, NYU School of Law. Discussions about this project began before a pandemic altered our national landscape and a leaked opinion changed our national discussion about the Supreme Court. Interest in constitutionalism outside the courts has gained momentum ever since and I have connected with many fellow travelers along the way; for their fellowship, brilliant insights, and sharp critique I owe a great debt to Laurie Benton, Richard Briffault, Daniel Carpenter, Josh Chafetz, Ryan Doerfler, Bill Eskridge, John Ferejohn, Abbe Gluck, Jonathan Gould, Vicki Jackson, Eisha Jain, Lewis Kornhauser, Genevieve Lakier, Sophia Lee, Lawrence Lessig, Bird Loomis, John Manning, Jonathan Masur, Martha Minow, Sam Moyn, Rick Pildes, Eric Posner, Robert Post, Daphna Renan, Bertrall Ross, Reva Siegel, Steven Smith, Robin West, and James Whitman, as well as participants of the Culp Junior Scholars of Color Colloquium, AALS Legislation & Law of the Political Process annual panel, Legislation Roundtable, Congress & History Conference, Yale Legal History Forum, University of Chicago Public Law Seminar, Harvard Law School Public Law Workshop, Berkeley Law Public Law and Policy Workshop, Richmond Law Faculty Colloquy, and the NYU Colloquium on Law, Economics, and Politics. Ned Blackhawk, gizaagi’in. For thorough and thoughtful research assistance, I am grateful to Tom Cassaro, Justin Cole, Ashlee Fox, Olivia Guarna, Meghanlata Gupta, Andrew Hamilton, Erica Liu, and Helen Malley. For their patient attention to detail, as well as high-level thoughts and feedback, my thanks to Charles Jetty, Eric Eisner, and the editorial team at the Yale Law Journal .

It is impossible to conceive a doctrine more opposed to the constitution of our choice, than that a decision as to the constitutionality of all legislative acts rests solely with the Judiciary Department; it is removing the cornerstone on which our federal compact rests; it is taking from the people the ultimate sovereignty, and conferring it on agents appointed for specified purposes . . . .

— Albany Register (1799) 1

Congress may not legislatively supersede our decisions interpreting and applying the Constitution.

— Dickerson v. United States 2

[Our earlier cases], then, are not determinative because Congress has enacted a new statute, relaxing restrictions on the bounds of inherent tribal authority that the United States recognizes. And that fact makes all the difference.

— United States v. Lara 3

Introduction

The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of constitutional meaning and constitutional law. In decision after decision, the Court has declared the federal judiciary as the primary forum and itself the primary arbiter of constitutional conflict and debate. 4 The Court has asserted its methods—text, history, tradition—as the preeminent modes of constitutionalism. 5 The Court has also established the superiority of its substantive vision of constitutional law and values. 6 This “juricentric” constitutionalism has relegated the other, so-called political branches to a second-class status with respect to the Constitution. 7 Not only has the dominance of the Court dampened our constitutional culture writ large, but it has also occluded the ways that Congress and the executive branch, as unique institutions, play distinctive and vital roles within constitutional lawmaking. This Feature explores what lessons public-law scholars might draw from federal Indian law in building an alternative constitutional culture to our current—and deeply flawed—juricentric system.

The United States arrived at this constitutional moment in part due to accretion. As Congress fell into dysfunction and increasingly stalled, the Supreme Court stepped into the breach. 8 But it has also arrived at this moment because of a belief that our constitutional order requires aggressive and exclusive judicial review by the Supreme Court. 9 Without the “least dangerous” 10 branch, who would enforce the limits set by the Constitution? Many of our current government leaders came of age steeped in Alexander M. Bickel, John Hart Ely, and debates over the countermajoritarian difficulty. 11 Our current Supreme Court, educated almost entirely at Harvard’s and Yale’s law schools, are students of these men, if not their theories. 12 The lessons of the Warren Court and the civil-rights revolution seemingly taught us that courts were the sanctuaries of subordinated minorities and that constitutional failures, like that of slavery and Jim Crow segregation, could be resolved by calling forth the power and empathy of the Supreme Court. 13

So, what is to be done once scholars and the public lose the taken-for-granted belief that aggressive judicial review is necessary or even beneficial for our constitutional framework? How does one navigate a Supreme Court that is hostile to fundamental constitutional values, especially in the context of minority protection, rather than serving as the best-suited “pronouncer and guardian of such values”? 14

This Feature offers some preliminary answers to these questions through the lens of Native people and their advocacy strategies, histories, constitutional philosophies, and the legal frameworks that govern them. The body of law that governs the relationship between Native peoples, Native Nations, and the United States—termed federal Indian law—offers a unique perspective on the distinctive roles of the other branches in making and interpreting constitutional law. 15 Of course, the success of Native advocates in shaping the United States constitutional system should not be overstated, nor should it be washed of the blood of generations of Native men, women, and children required to secure even the most tenuous constitutional change. But this Feature begins to explore the ways that the resilience of Native advocates, their innovative strategies, and the legal frameworks borne of those strategies offer lessons for our current constitutional moment.

However imperfect, the framework of federal Indian law has fundamentally reshaped the constitutional structure of the United States, often forming the only backstop against the seemingly endless American colonial project. Most of these fundamental constitutional changes have taken place without the involvement of the federal courts. Through petitioning, lobbying, diplomacy, and even military standoffs, Native advocates have built and rebuilt the modern framework of federal Indian law—a framework that recognizes tribal sovereignty and supports self-determination and collaborative lawmaking. 16 Federal Indian law has thus reshaped the face of U.S. government from Congress to the American state, as well as its federalist and constitutional framework.

Most important for our current constitutional moment, many of these constitutional changes have taken root in the face of open hostility by the Supreme Court. In contrast to generalist scholars of public law, scholars of federal Indian law have long understood Native people to be the proverbial Indigenous “canary” in the coal mine of American democracy. As Felix Cohen famously stated, “Like the miner’s canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith.” 17 With respect to the Supreme Court, Native people have been the canary in an often-hostile coal mine. Most notably, Native people did not experience the legal gains before the Warren Court 18 seen by other marginalized groups during the tenure of Justice Thurgood Marshall. 19 The primary protections by the courts came during the tenure of a much earlier Marshall, Chief Justice John Marshall. 20 But these gains were over one hundred and fifty years prior and were so short-lived as to not prevent the bloodshed of removal, including the Trail of Tears only a handful of years after Chief Justice Marshall’s decision in Worcester v. Georgia . 21 Exploring the constitutional development of federal Indian law offers insights into alternative ways of understanding the function of judicial review and of the place of Congress and the Executive in helping to interpret, make, and enforce constitutional law. As this Feature aims to show, in the context of federal Indian law, the formation of the doctrine occurred often through conflict with Congress and through the constant activism of Native peoples.

Congress has been at the heart of these constitutional reforms in three primary areas. First, Congress has restructured the federalist framework to affirm national power as central to Indian affairs and has cemented the boundaries between Native Nations and the several states. During the very first Congress, Congress passed the first of a series of Trade and Intercourse Acts that affirmed federal power over Indian Country and limited state power. 22 Congress later reinforced the separation of state jurisdiction from Indian Country within each state’s enabling act. 23 Congress continues to structure the relationship between states and Native Nations today through collaborative lawmaking frameworks like the Indian Gaming Regulatory Act and by ratifying and enforcing agreements between states and Native Nations. 24

Second, Congress has affirmed and structured the recognition of inherent tribal sovereignty and it continues to structure and facilitate the ongoing government-to-government relationship between the United States and the 574 federally recognized Native Nations. 25 Today, Native Nations govern hundreds of thousands of tribal members and land masses larger than several states—all as semi-sovereign enclave states enclosed within the alleged territorial borders of the United States. 26 Through a series of self-determination statutes, beginning in the 1930s and continuing in the 1970s, Congress has also recognized the ability of Native Nations to administrate federal regulatory schemes, receive federal funds to administer federal welfare programs, contract with federal, state, and local governments, and assume control of hospitals, schools, and other infrastructure within Indian Country previously run by the national government. 27

Finally, Congress has reshaped the structure of the federal government across all three branches and the separation of powers between these branches to facilitate better representation of Native Nations and Native people. In addition to establishing specialized committees within its own chambers, 28 Congress has also most notably reshaped the face of the American state and placed Native peoples at the helm of that state. Today, Native Nations are governed by a specialized branch of the executive, the Bureau of Indian Affairs (BIA). 29 As of 2010, because of hiring preferences established by Congress beginning in the 1930s, ninety-five percent of employees within the BIA were citizens of Native Nations. 30 Excluded from the promise of birthright citizenship in the Fourteenth Amendment, Congress created a complex form of citizenship for Native people by statute in the 1920s—a form of citizenship that allowed Native people to retain allegiance to their Native Nations and serve as the first dual-nationals recognized by the United States. 31 Finally, Congress has usurped, reshaped, and translated the treaty and recognition powers, among others, to maintain fidelity to the Founding visions of inherent tribal sovereignty and to mitigate the American colonial project. 32 The lessons of Native movements, struggles, and successes in establishing these fundamental changes are myriad. But they offer guidance toward developing a constitutional culture that embraces the distinctive roles of the other branches and decenters the courts.

Centering federal Indian law within a study of constitutionalism offers a range of theoretical implications. This Feature explores two. First, Congress has a particular role in the making and interpretation of constitutional law. This lesson is not new; public-law scholars have long explored Congress’s central role in constitutional lawmaking—what some scholars have termed “legislative constitutionalism” 33 and others “departmentalism.” 34 But this Feature aims to build on these literatures by studying Congress’s role in mitigating the constitutional failure of American colonialism. Because federal Indian law rests in the context of judicial abnegation or the absence of judicial review, this body of laws and their histories provide insights into what Congress may uniquely offer the constitutional lawmaking process—that is, what is particularly legislative about legislative constitutionalism. 35 When the now-dominant tide of the Court pulls back, it reveals the unique strengths and weaknesses of centering the development of constitutional meaning, values, and law within a legislature, rather than through a court, a President, or an interbranch conflict. 36

This Feature posits that it is not coincidental that Native advocates focused their efforts on Congress. It was the lawmaking institution most open to claims and debates about American colonialism and most able to offer the structural constitutional reforms needed to mitigate it. Much of the vitality of Congress’s role is rooted in the unique form of participation in the lawmaking process offered to the public by the institutional structure of Congress—more directly through the lower chamber of the House and more indirectly through the upper chamber of the Senate—through channels like the electoral process and through petitioning or lobbying. 37 Because it has facilitated and supported practices of empowered engagement and discourse since the Founding, Congress has long functioned as a central site of intersection between “the people themselves,” social movements, and the formal and informal shaping of constitutional law, values, and meaning. 38 Beyond unique forms of participation, Congress also offers distinctive constitutional reforms and thus fosters deliberation in constitutional registers distinct from the courts. Rather than packaging claims in terms of positive or negative rights and liberties, 39 Native advocates have been able to directly address constitutional failures of representation, faulty structures of government, and the distribution of power. 40 Most central to the mitigation of American colonialism, Congress offers Native advocates the promise of constitutional reforms in terms of “structure”—that is, the institutions of the U.S. government and their design; implementation and alteration of the structural aspects of the constitutional order; the contours of its federalist framework; and the distribution of power—including to subordinated communities—as an insufficient and imperfect but innovative form of constitutional lawmaking.

A second theoretical implication arises from the fact that federal Indian law offers legislative constitutionalism a clear example of Congress interpreting the U.S. Constitution directly. In contrast to quasi-constitutionalism, federal Indian law reveals areas of constitutionalism where Congress interprets and constructs big “C” constitutional law. 41 This is not to say that a legislative constitutionalism informed by federal Indian law has no role for the courts. Rather, in these domains, courts should be seen as collaborators within the constitutional lawmaking process—a “policentric constitutionalism” among multiple constitutional lawmakers 42 —and judges should be aware of their vital but secondary role in making constitutional law in conversation with Congress. Within federal Indian law, the courts have played this role by developing a range of judicial tools to engage in the constitutional lawmaking process alongside Congress, but without recognition of the constitutional implications. These include clear-statement rules, 43 canons of construction for treaties and statutes, 44 and the rational-basis review of congressional plenary power over Indian affairs. 45 Scholars and the courts have readily debated the ambiguous status and origins of these tools. Understanding them as small “c” constitutional lawmaking in certain contexts could allow legal scholars, as well as courts, to reconcile clear-statement rules, interpretive canons, and deferential review of plenary power as constitutional law—but constitutional law that defers to the authority of Congress as Congress interprets and implements the Constitution directly.

This Feature proceeds in four parts. Part I explores legislative constitutionalism in the context of a particular case: federal Indian law—the intricate, exceptional, and deeply flawed body of laws that regulate aspects of the American colonial project. In doing so, it offers a reperiodization of Native legal history through the lens of Native advocacy and Native constitutional and political thought. Parts II and III explore the theoretical implications of this case study. Part II offers ways to better center the institution of the legislature by examining the longue durée history of Congress and the distinctive forms of participation and redress it offers in the context of constitutional lawmaking. Part III offers ways to theorize Congress as an embedded and discursive institution—not a branch at war with the courts—by envisioning the Supreme Court’s role, in particular domains, as a creator of little “c” constitutional law to support big “C” constitutional interpretation in Congress. This Part also situates federal Indian law within other areas of substantive constitutional law over which Congress wields supremacy today—either through judicial abnegation or the Court’s declination of judicial review—to identify similar dynamics of policentric constitutionalism across substantive areas. Finally, Part IV closes with an exploration of the ways that our current constitutional moment could draw on these implications to craft a more dynamic and robust constitutional culture. Most importantly, this Part closes with a recommendation that reformers focus, too, on empowering Congress and defining a positive role for the courts within that dynamic system, in addition to considering restrictions and checks on the Supreme Court’s current juricentric constitutional project.

Announcing the YLJ Academic Summer Grants Program

Announcing the editors of volume 134, announcing the first-year editors of volume 133.

Reprinted in Indep. Chron. (Boston), Feb. 25, 1799, at 2.

530 U.S. 428, 437 (2000).

541 U.S. 193, 207 (2004).

See, e.g. , Dickerson , 530 U.S. at 437; Robert C. Post & Reva B. Siegel, Protecting the Constitution from the People: Juricentric Restrictions on Section Five Power , 78 Ind. L.J. 1, 1 (2003); Tara Leigh Grove, The Lost History of the Political Question Doctrine , 90 N.Y.U. L. Rev. 1908, 1914 (2015) (describing the Supreme Court revising the political question doctrine in Baker v. Carr to allow it to decide the separation of powers).

See, e.g. , N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111, 2126 (2022).

Compare Regents of the Univ. of Cal. v. Bakke, 438 U.S. 265, 317, 331-32 (1978) (holding that government actors violate the Equal Protection Clause of the Fourteenth Amendment by providing remedial preferences for historically subordinated groups), with Morton v. Mancari, 417 U.S. 535 (1974) (holding that Congress has the power to decide what remedial legislation is appropriate for “Indians” and that the Court will review those decisions under a rational-basis standard).

See Post & Siegel, supra note 4, at 2; James B. Thayer, The Origin and Scope of the American Doctrine of Constitutional Law , 7 Harv. L. Rev . 129, 155-56 (1893) (“The checking and cutting down of legislative power, by numerous detailed prohibitions in the constitution, cannot be accomplished without making the government petty and incompetent.”).

See, e.g. , Nolan McCarty, Polarization, Congressional Dysfunction, and Constitutional Change , 50 Ind. L. Rev . 223, 243-44 (2016).

See Post & Siegel, supra note 4, at 2.

See The Federalist No. 78, at 465 (Alexander Hamilton) (Clinton Rossiter ed., 2003).

See generally Alexander M. Bickel, The Least Dangerous Branch: The Supreme Court at the Bar of Politics (Josephine Ann Bickel ed., 2d ed. 1986) (grappling with the central concern that judicial review is a countermajoritarian practice, arguing in favor of limits to decisional law and against the view of Supreme Court Justices as philosopher-kings).

See FAQs—Supreme Court Justices , Sup. Ct. U.S., https: ‌ // ‌ www ‌ .supremecourt ‌ .gov ‌ /about ‌ /faq ‌ _justices ‌ .aspx [https: ‌ // ‌ perma ‌ .cc ‌ /4P3N ‌ -84PT].

See Rebecca E. Zietlow, The Judicial Restraint of the Warren Court (and Why It Matters ), 69 Ohio St. L.J. 255, 255, 270-71 (2008) (describing the “judicial activism” of the Warren Court, which “enhanced the power of the federal courts through, among other things, articulating expansive tests for private rights of action, narrowly reading the political question doctrine and standing limitations, and engaging the federal courts in remedying the segregation of public schools”).

Bickel, supra note 11, at 24.

For many years, federal Indian law was seen as too sui generis to offer generalized lessons for constitutional law writ large. See Philip P. Frickey, (Native) American Exceptionalism in Federal Public Law , 119 Harv. L. Rev. 433, 440 (2005); Angela R. Riley, Native Nations and the Constitution: An Inquiry into “Extra-Constitutionality , ” 130 Harv. L. Rev. F. 173, 199 (2017). But more and more, public-law scholars are beginning to realize that the United States’s treatment of Native people might not be so exceptional—rather, it might provide an overlooked wealth of experience from which to draw lessons in a range of other areas. See, e.g. , Maggie Blackhawk, On Power and the Law: McGirt v. Oklahoma, 2021 Sup. Ct. Rev. 367 [hereinafter Blackhawk, On Power and the Law ] ; Maggie Blackhawk, On Power & Indian Country , 1 Women & L. 39 (2020); Maggie Blackhawk, Federal Indian Law as Paradigm Within Public Law , 132 Harv. L. Rev . 1787 (2019) [hereinafter Blackhawk, Federal Indian Law as Paradigm ]; Judith Resnik, Dependent Sovereigns: Indian Tribes, States, and the Federal Courts , 56 U. Chi. L. Rev. 671, 675-80 (1989).

See, e.g. , Blackhawk, Federal Indian Law as Paradigm , supra note 15, at 1813, 1862; Blackhawk, On Power and the Law , supra note 15, at 404; Charles F. Wilkinson, American Indians, Time and the Law: Native Societies in a Modern Constitutional Democracy 82 (1987) (“Indians have learned how to lobby. Highly effective legislative campaigns have been pursued by individual tribes and by national organizations.”); Frank Pommersheim, Broken Landscape: Indians, Indian Tribes, and the Constitution 23 (2009) (“[T]he key point of political interaction in these contexts was treaty making, where diplomatic necessity displaced (at least temporarily) cultural ignorance and racial animus.”); Judith Resnik, Tribes, Wars, and the Federal Courts: Applying the Myths and the Methods of Marbury v. Madison to Tribal Courts’ Criminal Jurisdiction , 36 Ariz. St. L.J. 77, 77-78 (2004) (“[B]y examining Federal Indian Law one better understands that the American constitutional project includes many instances in which power is claimed by force and justified by necessity.”).

Felix S. Cohen, The Erosion of Indian Rights, 1950-1953: A Case Study in Bureaucracy , 62 Yale L.J. 348, 390 (1953).

See Tee-Hit-Ton Indians v. United States, 348 U.S. 272, 289-90 (1955) (holding that the federal government could seize, without compensation, Indian land whose ownership had not been authorized by Congress and noting that “[e]very American schoolboy knows that the savage tribes of this continent were deprived of their ancestral ranges by force and that, even when the Indians ceded millions of acres by treaty in return for blankets, food, and trinkets, it was not a sale, but the conquerors’ will that deprived them of their land”).

For Justice Thurgood Marshall’s account of the U.S. Supreme Court’s capacity to protect racial minorities, see Thurgood Marshall, The Supreme Court as Protector of Civil Rights: Equal Protection of the Laws , 275 Annals Am. Acad. Pol. & Soc. Sci. 101 (1951).

See, e.g. , Worcester v. Georgia, 31 U.S. (6 Pet.) 515, 561-63 (1832) (affirming the sovereignty of Native Nations by holding that Georgia state laws have no force within the boundaries of the Cherokee Nation’s territory).

Id. ; see Blackhawk, Federal Indian Law as Paradigm , supra note 15, at 1823 (“Six years after the Court issued its decision in Worcester , federal soldiers and state militiamen forced the Cherokee people down the Trail of Tears . . . .”).

Trade and Intercourse Act of 1790, ch. 33, 1 Stat. 137.

See, e.g. , Utah Enabling Act, ch. 138, § 3, 28 Stat. 107, 108 (1894) (“That . . . said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States . . . .”). The enabling act creating the states of North Dakota, South Dakota, Montana, and Washington used the same language as the Utah Enabling Act. Enabling Act of 1889, ch. 180, § 3, 25 Stat. 676, 677.

Indian Gaming Regulatory Act, Pub. L. No. 100-497, 102 Stat. 2467 (1988) (codified as amended at 25 U.S.C. §§ 2701-21).

Indian Entities Recognized by and Eligible to Receive Services from the United States Bureau of Indian Affairs, 86 Fed. Reg. 7554 (Jan. 29, 2021).

See, e.g. , Frequently Asked Questions , Cherokee Nation , https: ‌ // ‌ www ‌ .cherokee ‌ .org ‌ /about ‌ -the ‌ -nation ‌ /frequently ‌ -asked ‌ -questions ‌ /common ‌ -questions ‌ / ‌ ?term ‌ = ‌ &page ‌ =2 [https: ‌ // ‌ perma ‌ .cc ‌ /F92Z ‌ -7ZF2] (“There are more than 400,000 Cherokee nation citizens.”); Tribal Governance , Nat’l Cong. Am. Indians , https: ‌ // ‌ www ‌ .ncai ‌ .org ‌ /policy ‌ -issues ‌ /tribal ‌ -governance [https: ‌ // ‌ perma ‌ .cc ‌ /WN4Q ‌ -3387] (“[T]ribal governments exercise jurisdiction over lands that would make Indian Country the fourth largest state in the nation.”).

See, e.g. , Indian Reorganization Act, ch. 576, 48 Stat. 984 (1934); Robert T. Anderson, Bethany Berger, Sarah Krakoff & Philip P. Frickey, American Indian Law: Cases and Commentary 152-54 (3d ed. 2015).

See, e.g. , Senate Indian Affairs Committee , U.S. Cong ., https: ‌ // ‌ www ‌ .congress ‌ .gov ‌ /committee ‌ /senate ‌ -indian ‌ -affairs ‌ /slia00 [https: ‌ // ‌ perma ‌ .cc ‌ /4ER5 ‌ -2X66].

Bureau of Indian Affs. , U.S. Dep’t Interior , https: ‌ // ‌ www ‌ .bia ‌ .gov ‌ /bia [https: ‌ // ‌ perma ‌ .cc ‌ /6WP3 ‌ -YKXX].

See Indian Reorganization Act, ch. 576, § 12, 48 Stat. 984, 986 (1934) (“Such qualified Indians shall hereafter have the preference to appointment to vacancies in any such positions.”); Livia Gershon, Native Nations and the BIA: It’s Complicated , JSTOR Daily (Jan. 15, 2021), https: ‌ // ‌ daily ‌ .jstor ‌ .org ‌ /native ‌ -nations ‌ -and ‌ -the ‌ -bia ‌ -its ‌ -complicated [https: ‌ // ‌ perma ‌ .cc ‌ /V4YH ‌ -5WLL].

See 1 Cohen’s Handbook of Federal Indian Law §  1.04 (2019).

See infra Section I.C.1.

See, e.g. , Sophia Z. Lee, The Workplace Constitution: From the New Deal to the New Right 3-4, 170-71, 171 n.38 (2014); Mark Tushnet, Taking the Constitution Away from the Courts (1999); Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise 123-24, 315 (2016); Sotirios A. Barber & James E. Fleming, The Canon and the Constitution Outside the Courts , 17 Const. Comment . 267 (2000); Robert C. Post & Reva B. Siegel, Legislative Constitutionalism and Section Five Power: Policentric Interpretation of the Family and Medical Leave Act , 112 Yale L.J. 1943, 2005-20 (2003).

Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review 105-10, 135-36 (2004) (detailing historical roots of departmentalism) ; Saikrishna Prakash & John Yoo, Against Interpretive Supremacy , 103 Mich. L. Rev. 1539, 1543 (2005) (arguing that constitutional interpretation should not be juricentric); John Harrison, The Role of the Legislative and Executive Branches in Interpreting the Constitution , 73 Cornell L. Rev. 371, 372-73 (1988) (same); Gary Lawson & Christopher Moore, The Executive Power of Constitutional Interpretation , 81 Iowa L. Rev. 1267, 1270-71 (1996) (same); Edward A. Hartnett, A Matter of Judgment, Not a Matter of Opinion , 74 N.Y.U. L. Rev. 123, 126 (1999); Edwin Meese III, The Law of the Constitution , 61 Tul. L. Rev. 979, 985 (1987); Michael W. McConnell, Institutions and Interpretation: A Critique of Boerne v. Flores, 111 Harv. L. Rev. 153, 156 (1997).

The legislative constitutionalism I describe is complementary to, but distinctive in important respects from, the idea of “politically constructed” constitutional limits to judicial review, described by Richard Fallon as the idea that “the Supreme Court is the decisive arbiter if and only insofar, but only if and only insofar, as its decisions are the ones that Congress, the President, and ultimately the bulk of the American people will accept as lying within the lawful bounds of judicial authority to render.” Richard H. Fallon, Jr., Judicial Supremacy, Departmentalism, and the Rule of Law , 96 Tex. L. Rev. 487, 494 (2018). In the context of federal Indian law, Congress does indeed construct “political limits” on judicial review—through “defiance” in the starkest terms of legislative override. But, beyond that, Congress also provides a constitutional culture, forum, and forms of remedy beyond that of quotidian “politics,” and beyond those concerns raised by Fallon in his “informal appraisal of institutional reliability” in our current form of departmentalism. Id. at 535-36. It also delves into domains widely believed to be the province of the courts—most paradigmatically the protection of minorities. Id. at 494 (surmising that the Supreme Court’s striking down of an exclusionary act by the President would bind in a way that the Court ordering the President to exercise war powers would not).

The analysis offered here, focused on legislatures, shares central and important similarities to the work of “administrative constitutionalism.” The term seems to originate from William N. Eskridge and John Ferejohn’s seminal A Republic of Statutes , and it has inspired a growing and increasingly sophisticated body of literature since. William N. Eskridge, Jr. & John Ferejohn, A Republic of Statutes: The New American Constitution (2010) ; s ee, e.g. , Sophia Lee, Our Administered Constitution : Administrative Constitutionalism from the Founding to the Present , 169 U. Pa. L. Rev. 1699 (2019) (surveying the symposium edition devoted entirely to administrative constitutionalism); L ee , supra note 33 ; W einrib , supra note 33 ; Bertrall Ross, Embracing Administrative Constitutionalism , 95 B.U. L. Rev. 519 (2015); Gillian E. Metzger, Ordinary Administrative Law as Constitutional Common Law , 110 Colum. L. Rev. 479 (2010); Barber & Fleming, supra note 33 .

See U.S. Const . art. I, §§ 2-3; id. at amend. I.

See Kramer, supra note 34, at 201 (quoting Martin Van Buren, Inquiry into the Origins and Course of Political Parties 7 (1867)).

See, e.g. , Isaiah Berlin, Four Essays on Liberty (1969) ( distinguishing between negative liberty as the freedom to act without interference and positive liberty as the autonomy necessary for self-determination).

See infra Part I.

The distinction between big “C” and small “c” constitutionalism is drawn from the scholarship of Eskridge and Ferejohn, inspired by an Aristotelian vision of constitutionalism—one that reaches beyond the formal or big “C” Constitution to the broader context of fundamental constitutional values and norms against which that formal document is read or the little “c” constitution . Eskridge & Ferejohn , supra note 36, at 25-26 (2010); see also Neal Kumar Katyal, Legislative Constitutional Interpretation , 50 Duke L.J. 1335 (2001) (proposing a hypothetical constitutional system with Congress interpreting the Constitution).

See Post & Siegel, supra note 33, at 2026-32.

See infra notes 339-358 and accompanying text.

See infra notes 359-362 and accompanying text.

See infra notes 363-365 and accompanying text.

Essay on the State Legislature of India

In this essay we will discuss about the state legislature of India. After reading this essay you will learn about: 1. Introduction to the State Legislature of India 2. Qualifications for Membership of the Legislative Council 3. Functions of the Legislative Council 4. Case for and against Vidhan Parishads 5. Vidhan Sabha 6. Powers of the Legislative Assembly 7. Speaker of the Assembly 8. Autonomy of State Legislatures in India.

List of Essays on the State Legislature of India

Essay Contents:

• Essay on the Autonomy of State Legislatures in India

1. Essay on the Introduction to State Legislature of India:

Indian federation consists of a powerful centre and comparatively weak states as well as Union Territories. Some of the states are small in size, whereas the others are quite big. In Indian federal system some states have unicameral legislature, while others have provided for bicameralism. There was a proposal in the Constituent Assembly that all states should have bicameral system.

This was opposed strongly by others who believed that bicameral system of legislature should be abolished altogether. As a via media, it was, therefore, suggested that only those states which specifically decide to have bicameralism should have Legislative Council and not all. All other states should have only unicameral legislature.

Article 168 of the constitution provided that the states of Andhra Pradesh, Bihar, J & K, Tamil Nadu, Maharashtra, Karnataka and U.P. shall have two Houses of Legislature, whereas other states shall have one House i.e., only Legislative Assembly. Subsequently in May, 1985, Andhra Pradesh and in 1986 Tamil Nadu Legislative Councils were abolished, thus, leaving bicameral Legislative Councils only in five states.

In 1989, Andhra Pradesh Legislative Assembly again passed a resolution favouring the creation of Legislative Council in the state. It is provided that when there are two Houses of legislature, Upper House shall be known as Legislative Council and the lower one as Legislative Assembly.

According to Article 169 of the ‘ constitution the Parliament may by law provide for the abolition of Legislative Council of a state having such a Council.

It also provides for the creation of such a Council in a state having no such Council; if the Legislative Assembly of the state passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not, less than two-thirds of the members of the Assembly present and voting. Thus, initiative for the creation as well as abolition of Legislative Council, for all practical purposes vests with the state concerned.

It is provided that total strength of Legislative Council of a state shall not exceed one-third of the total membership of the Assembly. This is, however, subject to the condition that minimum strength of a Legislative Council shall not be less than forty in any case.

The Legislative Council shall consist of the following:

(1) One-third members shall be elected by municipalities and local bodies of the state;

(2) One-third by the members of the Legislative Assembly from amongst the persons who are not the members of the Legislative Assembly;

(3) One-twelfth of the members shall be elected by registered teachers of secondary schools, with at least 3 years’ experience;

(4) One-twelfth of the members shall be elected by registered graduates with three years’ experience and residing in state;

(5) Remaining members shall be nominated by the Governor, from among the persons who have excelled in the state in the fields of art, literature, social sciences and co-operative movement, etc.

In the case of elections, the members shall be elected on the basis of proportional representation by means of single transferable vote system.

At present five states have bicameral system of legislature.

Composition of each Legislative Council is as under:

Essay on Women’s Reservation in Parliament India

Students are often asked to write an essay on Women’s Reservation in Parliament India in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Women’s Reservation in Parliament India

Introduction.

Women’s Reservation in Parliament is a crucial subject in India. It aims to increase the representation of women in political arenas.

Current Scenario

At present, women’s representation in Indian Parliament is less than 15%. Despite women comprising about half of the population, their political participation is low.

Need for Reservation

The reservation is necessary to ensure women’s voices are heard. It can help address gender disparities and promote social justice.

Women’s Reservation in Parliament is a step towards gender equality. It can empower women and contribute to a balanced society.

250 Words Essay on Women’s Reservation in Parliament India

Women’s reservation in the Indian Parliament is a long-standing issue that has sparked numerous debates. The objective is to rectify the gender disparity in the political arena by ensuring a certain percentage of representation for women.

The Need for Women’s Reservation

Women constitute approximately half of India’s population but their representation in Parliament is dismal. This underrepresentation hinders the development of effective policies that address women’s issues. Therefore, a quota system is seen as an essential tool to ensure women’s voices are heard.

The Women’s Reservation Bill

The Women’s Reservation Bill, proposing a 33% reservation for women in the Lok Sabha and state legislative assemblies, has been a contentious issue. Despite being introduced in 1996, the bill has not been passed due to various political hurdles.

Challenges and Criticisms

Opponents argue that the reservation system may not truly empower women, rather it might be misused to promote proxies. There’s also a concern that it might undermine the democratic principle of equal opportunity by promoting gender over merit.

While the Women’s Reservation Bill is a step towards gender equality, it should be accompanied by societal changes that foster a culture of respect and equality. Women’s political empowerment is not just about numbers, but about creating an environment where women can make significant contributions to the decision-making process.

500 Words Essay on Women’s Reservation in Parliament India

The topic of Women’s Reservation in Parliament in India is a pressing issue that has been at the center of political discourse for several years. The Women’s Reservation Bill, officially known as the Constitution (108th Amendment) Bill, seeks to reserve one-third of all seats in the Lok Sabha and state legislative assemblies for women. This essay will discuss the significance, challenges, and potential impacts of this legislation.

The Significance of Women’s Reservation

The representation of women in Indian politics has been historically low. Despite comprising nearly half of the population, women account for a meager percentage of elected representatives. This imbalance is not just a matter of social justice, but also of effective governance. A more representative Parliament, with significant women’s participation, can better address the diverse needs and concerns of the Indian populace. Moreover, women’s political empowerment is essential for the realization of gender equality and the strengthening of democracy.

Challenges in Implementing Women’s Reservation

Despite its importance, the Women’s Reservation Bill has faced significant resistance. Critics argue that it may only benefit women from privileged backgrounds, exacerbating social inequalities. Others contend that it would lead to proxy representation, with male politicians using female relatives as figureheads. Additionally, there are concerns that it could disrupt existing political dynamics, leading to resistance from male politicians.

The Potential Impact of Women’s Reservation

Despite these challenges, the potential benefits of women’s reservation in Parliament are substantial. Research from around the world shows that women in politics tend to prioritize issues such as education, health, and social justice. Increased representation of women in the Indian Parliament could therefore lead to more attention and resources being allocated to these critical areas.

Moreover, women’s reservation can set a powerful precedent for gender equality in other sectors. It can challenge traditional gender norms and stereotypes, encouraging more women to participate in public life and aspire to leadership positions.

The Women’s Reservation Bill represents a crucial step towards gender equality in India. While it faces significant challenges and resistance, its potential impact on governance, social justice, and gender norms cannot be underestimated. It is essential for the Indian society and its political leaders to recognize the importance of women’s representation in Parliament and work towards making this a reality. The journey towards achieving this goal may be fraught with obstacles, but the destination promises a more inclusive and equitable India.

In conclusion, the Women’s Reservation in Parliament is not just about numbers or token representation. It is about making the Indian democracy truly representative and responsive to all its citizens. It is about empowering women to take their rightful place in the decision-making processes that shape the nation’s future. And most importantly, it is about building an India where gender is no longer a barrier to opportunity and achievement.

That’s it! I hope the essay helped you.

If you’re looking for more, here are essays on other interesting topics:

• Essay on Women’s Movement in India
• Essay on Women’s Employment in India
• Essay on United India

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Oxford University Press's Academic Insights for the Thinking World

The rising power paradigm and India’s 2024 general elections

The Unfinished Quest: India's Search for Major Power Status from Nehru to Modi

• By T.V. Paul
• April 15 th 2024

India, the world’s largest democracy, is holding its national elections over a six-week period starting 19 April. The elections to the 543-member lower house of the parliament (Lok Sabha) with an electorate, numbering 968 million eligible voters, assumes critical importance as India is going through both internal and external changes that are heavily linked to its rising power aspirations and achievements. The ruling Bharatiya Janata Party (BJP), led by Prime Minister Narendra Modi, has been campaigning on the claim that under his leadership, India’s global status has improved substantially and that he is determined to make India a great power and developed country by 2047, the centenary year of independence. The growing Hindu middle class seems to agree. According to a February 2023 Pew survey , Modi had a 79% favorable approval rating. More interestingly, some 85% of Indians surveyed by Pew think a strong authoritarian leader or military rule is preferable to multi-party electoral democracy, the highest for any country surveyed.

Since its economic liberalization in 1991, in terms of comprehensive national power, including both hard and soft power markers, India has made substantial progress—in some areas more than in others—even though it still lags behind China in many indicators of material power and social welfare. The critical factor is the steady economic growth rate ranging from 6 to 8% over the past three decades. The $4 trillion economy, which recently overtook previous colonial ruler Britain to reach the fifth position in the world, is poised to become number three by 2030. The tactical and strategic advantages India has made under somewhat favorable geopolitical circumstances are many, but these could easily erode if its soft power foundations, especially democracy, secularism, and federalism, decline even further.

The $4 trillion economy, which recently overtook previous colonial ruler Britain to reach the fifth position in the world, is poised to become number three by 2030.

The implications of the elections to India’s rise as an inclusive democratic state is potentially far reaching. If the BJP wins a two-thirds majority, concerns are heightened that it would amend the Indian constitution, altering its core principles of liberal democracy and secularism and declare India a majoritarian Hindu state. India’s status advancement in recent years has benefitted the ruling establishment. Modi’s achievements are built on the foundations laid by the previous Congress Party-led governments of Prime Ministers P.V. Narasimha Rao and Manmohan Singh. India’s 2005 rapprochement with the US and its opening to the world, especially to East Asia, Southeast Asia, and the Middle East, occurred during that period. It was Rao and his Finance Minister Singh who opened the Indian economy to the world through their wide-ranging economic reforms in 1991. The economic growth was also very robust during much of Singh’s tenure. Many of the social programs were started during that period, but Modi has improved on their delivery by introducing direct transfer and also adding new welfare programs guaranteeing the poor subsided rations and cooking gas. Some 300 million Indians were lifted out of extreme poverty during Singh’s term in office alone, and a similar number may have come out during BJP rule. Yet India still hosts some 12% of its 1.4 billion population below the poverty line (considered as $2 a day) while 84% have an income less than $7 a day.  

If the BJP wins a two-thirds majority, concerns are heightened that it would amend the Indian constitution, altering its core principles of liberal democracy and secularism and declare India a majoritarian Hindu state.

The previous Congress regime’s inability to cash in on their achievements for electoral gains is in direct contrast to Modi’s success in presenting a different image to the public on India’s economic and military achievements and general international status advancement. Skillful propaganda, especially using social media, has enabled this. India’s swing power role in the Indo-Pacific, in terms of balancing China’s rise and aggressive behavior, has helped India’s geopolitical prominence and Modi has astutely used it for his own electoral successes. He has used contentious religious nationalism, including the building of a temple in Ayodhya over a destroyed Muslim mosque, repealing the Article 370 of the Constitution which gave Jammu and Kashmir special autonomous status, and adding programs to allow citizenship to displaced minorities (excluding Muslims) from neighboring Pakistan and Bangladesh, to solidify his support among ardent Hindu-nationalist groups. The 18 million-strong Indian diaspora contains many pro-Hindu groups that have helped Modi’s efforts by offering financial and moral support.

Although the rising power claim may have helped Modi’s possible third term re-election, there is another side to this story. Some of the BJP government’s internal policies may, in the long-run, undercut the status achievement by putting its legitimacy and sustainability in question. The number one challenge is the democratic backslide that has been happening under the BJP rule. Today India is ranked at 66 as a ‘partly free country’ by Freedom House , and the rating agency V-Dem recently demoted India as an ‘electoral autocracy.’ A number of measures curtailing freedom of expression and other essential democratic rights have occurred under Modi, denting India’s democratic credentials, one of its key soft power assets. Similarly, secularism, another soft power marker of India since independence, has been reduced as there is a direct effort to assert the Hindu majoritarianism as visualized by the BJP and its militant ideological arm, the Rastriya Swayam Sevak Sangh (RSS).

The democratic backsliding presages considerable difficulties to legitimizing India’s status as a liberal democratic rising power. The major challenges to freedom of expression, the party’s increasing ideological control of India’s judiciary, and the attacks on minority rights, as well as harassment an arrest of opposition leaders using governmental agencies such as the Enforcement Directorate, all portend the emergence of an illiberal state even when elections are held periodically. While Hindutva (Hindu-ness) aimed at the hegemony of Hinduism over all other religious groups has increasing sympathy among the Hindu electorate and sections of the diaspora, it is still to obtain any international traction as an attractive ideology or model for political order. It is yet to offer a coherent and convincing agenda for the emerging world order.

The father of the nation, Mahatma Gandhi, used Hindu and Buddhist religious ideas such as Ahimsa (non-violence), among others, to develop his model of non-violent struggle. Can Modi in his third term make a conscious effort to develop India as an inclusive, democratic state, and bring peaceful and tolerant aspects of Hinduism to the fore? Or will Indian democratic exceptionalism evolve into an entrenched populist majoritarian system with all its attendant challenges for democratic freedoms, even while India makes substantial material progress? The simultaneous democratic backsliding in many countries, including the US and Europe, does not help India’s prospects in this regard. India may still receive a higher geopolitical position (in the context of China’s rise) and the steady economic growth that would allow it to emerge as a key destination for trade and foreign investment, and a source of technically qualified workforce and migrants for the next two decades or more. India’s greater inclusion in global governance is needed for reasons of equity, efforts at solving many collective action problems, and greater effectiveness of international institutions. The peaceful accommodation of India will alter the historical patterns of rise and fall of great powers through war. Whether it will be a peaceful process internally is yet to be determined. The forthcoming elections will establish India’s trajectory in a colossal way both for its domestic politics and foreign relations.

Feature image by Graphic Gears on Unsplash , public domain

T.V. Paul  is James McGill Professor of International Relations in the Department of Political Science at McGill University, Montreal and a Fellow of the Royal Society of Canada. He served as the President of the International Studies Association (ISA) for 2016-17. He is also the Founding Director of the Global Research Network on Peaceful Change (GRENPEC). Paul is the author or editor of 22 books, co-editor of 4 special journal issues, and author of over 80 scholarly articles and book chapters in the fields of International Relations, International Security, and South Asia. His latest book The Unfinished Quest published by Oxford University Press examines India's historic rise.

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Recent Comments

As you are an Indian origin intellectual, I appeal to you: do not let the West use you as a stooge to drive their agenda. There’s no decline in democracy, secularism, or federalism. You’re just touting the agenda you have been paid to promote.

The article does a good job of explaining India’s upcoming elections and its ambitions for global recognition. It talks positively about India’s economic growth and its increasing influence in international affairs. However, it also points out concerns like the decline in democratic values and the rise of Hindu majoritarianism under the current government. It’s noted that while India has made progress in lifting people out of poverty, there’s still a long way to go in ensuring equal rights for all citizens. The article suggests that India’s reputation as a democratic country might be at risk due to these issues. Overall, it gives a balanced view of India’s achievements and challenges, prompting readers to think about the implications of the election results on both domestic and international fronts.

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What to Know About India’s 2024 Election

T he world’s biggest election will take place next week when 960 million eligible voters from a population of 1.4 billion Indians cast their ballot to decide who will fill the 543 seats of the Lok Sabha, the more powerful lower house of Parliament—and who will become India’s next prime minister.

The ruling Bharatiya Janata Party (BJP) is competing against a coalition of more than a dozen opposition parties, including the Indian National Congress, which once ruled over the nation for more than 50 years. At the center of the contest is incumbent Prime Minister Narendra Modi, who first rose to power in 2014 on the promise of economic reform and a Hindu nationalist mandate. If he wins again, Modi will match the record of India’s first prime minister, the Congress leader Jawaharlal Nehru, by staying in power for three consecutive terms.

Read more: A Make-or-Break Year for Democracy Worldwide

The election is a long and costly exercise: Voting begins on April 19, staggered in seven sequential phases over the course of six weeks, with the results announced on June 4. Similar to 2019, when India last held an election, this year’s election will see over a million polling booths set up across the country, with nearly 15 million polling personnel helping to administer the vote through electronic voting machines. All this is carefully planned and executed by the Election Commission of India. While the 2019 election, which cost $8.5 billion, was seen to be the world’s most expensive election by some estimates, this year’s vote is expected to exceed even that number.

Below, everything you need to know about India’s next election. 

How does India’s election work? 

Following the British parliamentary system that was in place in India until the country’s independence in 1947, India’s democracy is a multiparty parliamentary system with a bicameral legislature. That means that the party or coalition of parties that wins a majority will form a government and nominate a candidate for prime minister. To secure a majority, a party or coalition must get 272 seats.

Each of the seven voting phases is held on separate, single days during which several constituencies in multiple states cast their votes. The staggered polling enables India’s election commission to deploy security personnel who ensure the safety and freedom of electoral officials transporting the voting machines.

The Indian Election Commission will count votes using a complex calculation system and verification. Once complete, the President of India Droupadi Murmu will invite the winning party to form a government and that party’s leader will be appointed prime minister. If no single party wins an outright majority, then the leading party will usually ally with other, smaller parties.

Who are the main contenders in India’s election?

The competition mainly lies between India’s two biggest political parties: the ruling Bharatiya Janata Party (BJP) and the opposition Indian National Congress (INC). 

The BJP first came to power in 2014 under the leadership of current Prime Minister Modi, and now rules with a coalition known as the National Democratic Alliance. In the 2019 elections, the BJP enjoyed a landslide victory after clinching an absolute majority by 303 parliamentary seats. 73-year-old Modi, who first projected himself as an outsider with a heavy hand on rampant corruption, has since transformed into one of the most popular—and polarizing—leaders in the nation’s history. Polls suggest a comfortable win for Modi due to widespread support from the country’s Hindu majority.

Read More: How Extreme Heat Will Impact India’s Election

During his second term, Modi’s government struggled with COVID-19 pandemic mismanagement, high levels of unemployment, and increasing attacks against minorities and critics of the government. At the same time, Indians admire Modi’s efforts to propel India on the world stage, which has attracted significant foreign investment and U.S. support for India’s rivalry against neighboring China. Last August, India landed a rover on the moon , becoming the fourth country to achieve the space feat; a month later, New Delhi successfully hosted the G20 summit. In January, Modi also fulfilled his party’s long-held Hindu nationalist promise of opening a Hindu temple in the city of Ayodhya. 

The main challengers to Modi are Congress Party head Mallikarjun Kharge and party scion Rahul Gandhi, who attempted to capture the nation’s imagination by undertaking a “Unite India” march across the country last year. The INC has suffered two consecutive electoral defeats in the past, winning just 44 seats in 2014 and 52 seats in 2019. While campaigning for this year’s election it has also faced several setbacks,  including bank accounts frozen by tax authorities. Last year, Gandhi was handed a two-year jail sentence over defamation charges that the Indian Supreme Court later suspended. 

To contest the BJP, the Congress Party also formed an alliance with several regional opposition parties last June—including the All India Trinamool Congress and the Aam Aadmi Party—under a banner called the Indian National Developmental Inclusive Alliance, or INDIA. But the united front has suffered several blows, including parties and party leaders defecting from the alliance over the INC’s insistence on putting forth its candidates for many seats, as well as ideological differences and personality clashes. The alliance has fielded a single primary candidate in most constituencies, but it hasn’t yet decided on its candidate for prime minister.

Read more: Why India’s Political Opposition Is So Weak

What are the key issues in India’s election?

While voters' concerns will often vary from state to state during most Indian elections, a recent pre-poll survey conducted by Lokniti-CSDS, a Delhi-based research institute, found that more than half the respondents were most concerned about issues like unemployment and inflation, even though India’s economy is now among the fastest-growing in the world . The government has struggled to generate enough jobs, especially for young people under the age of 35, who make up more than 65% of the Indian population. At the end of 2023, the youth unemployment rate for people between the ages of 20 and 24 was 44.9%—compared to an overall unemployment rate of 8.7%, according to the National Sample Survey . 

Along with the difficulty of finding jobs, many have also expressed concerns about rising prices burning holes in their pockets, with 76% of respondents saying that they acutely felt the impact of inflation. More than 40% of the country’s population depends on agriculture for income, but farmers have long struggled to raise their living standards while feeding the country. In agrarian states like Punjab and Uttar Pradesh, rising debt has seen farmers taking to the streets to demand minimum incomes and profit. 

To help offset the burden, the BJP government has delivered what economists like the former Chief Economic Advisor Arvind Subramanian have called “ new welfarism ,” where the government has subsidized the provision of essential goods and services like housing, electricity, bank accounts, and cooking gas. A new digital public infrastructure system designed by the government has also made it easier to transfer cash handouts directly to voters. As such, voters will likely see the continuation of these kinds of welfare programs as important. 

The election will also put a spotlight on Modi’s Hindu-first platform, which is in stark contrast to the country’s once-secular roots. In January, Modi inaugurated a Hindu temple on the site of an old mosque and consolidated his Hindu voting base by delivering on the BJP’s long-held promise. Alongside the temple, the government has also begun implementing its 2019 Citizenship Amendment Act, which fast-tracks Indian citizenship for all minorities except Muslims; stripped the Muslim-majority region of Jammu and Kashmir of its autonomy; and imposed state laws to prevent marriages between Hindus and Muslims. These policies have galvanized the 80% of India’s population that is Hindu, while simultaneously alienating 14% of the country that is Muslim. 

Read More: In Photos, India’s Devotees Celebrate the Grand Opening of the Ram Temple

Why is this election important? 

India’s democracy is both vibrant and paradoxical. The Indian Election Commission has long seen high voter turnouts. In 2019, 67% of Indians voted in the elections—no small feat for an electorate as vast and diverse as India. 

At the same time, the BJP-led government has been accused of rolling back human rights in India by imposing a crackdown on independent media and muzzling the voices of critics. Independent watchdogs have also expressed concerns about India’s judiciary and executive agencies falling in line with Modi’s will by giving favorable verdicts to pro-BJP figures in crucial cases and charging opposition leaders. Many international watchdogs have downgraded India’s democratic standing to a “hybrid regime”—one that’s neither a full democracy nor a full autocracy.

Read more: The U.S. Just Released a Scathing Report on Religious Freedom in India

As such, many see the 2024 India election as a test of the country’s democratic values, and a sign of whether the Indian majority will continue to support Modi’s 10-year rule.

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Essay On Gender Stereotypes: Whether Indian Legislature has played its role?

What role has the Indian legislature played in eradicating gender stereotypes?

Hello My Dear Friend, In this post “ Essay On Gender Stereotypes: Whether Indian Legislature has played its role? “, We will be going to read about Gender Stereotypes: Whether Indian Legislature has played its role as an Essay in detail. So…

Let’s Start…

Introduction:

There have long been gender stereotypes present in communities all around the world, including India.

Based on these preconceptions, people are expected to perform particular duties, exhibit certain behaviors, or meet certain standards.

In Indian society, misconceptions about women’s roles in the home, submissiveness, and lack of decision-making authority are frequently perpetuated.

The Indian legislature has taken action over the years to combat gender inequity and dispel these prejudices.

This study investigates the extent to which gender stereotypes have been successfully challenged by the Indian legislature.

Historical Context:

It is critical to take into account the historical backdrop in order to comprehend the advancements made by Indian legislation in overcoming gender stereotypes.

The Indian Constitution, which established equality and fundamental rights for all people, regardless of gender, in 1950, marked the beginning of India’s road toward achieving gender parity.

The lawmakers understood the significance of establishing equality for men and women and eliminating gender stereotypes.

Legislative Measures:

The Indian government has put in place a number of policies to combat gender stereotypes and advance gender equality.

The Dowry Prohibition Act of 1961, which sought to end the practice of dowry, a deeply ingrained stereotype that devalues women and commercializes marriage, is one of the historic laws.

By making the giving and receiving of dowries illegal, this measure gave women legal protection.

The Maternity Benefit Act of 1961, which provides maternity leave and benefits to women employees, is another important piece of legislation.

This law guarantees women’s access to unpaid leave from work and recognizes women’s biological role in delivery.

By passing this legislation, the legislature dispels the myth that women’s primary responsibilities are limited to household chores.

Another crucial action made by the legislature is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013.

This law attempts to make the workplace a safe and welcoming place for women while acknowledging the frequency of workplace harassment.

It supports the notion that women deserve respect and safety, dispelling the myth that they are fundamentally weak or easy targets for abuse.

Additionally, the legislature has been instrumental in changing legislation governing property rights.

In an effort to dispel the myth that only males can inherit family property, the Hindu Succession Act of 1956 was revised in 2005 to provide daughters with the same inheritance rights as sons.

This reform sought to eliminate ingrained gender inequalities in inheritance laws while also empowering women economically.

Impact and challenges:

Although the Indian government has made tremendous strides to combat gender stereotypes, their effectiveness and influence have faced difficulties.

The disconnect between the law and everyday life is one of the biggest problems.

Despite the existence of progressive laws, cultural norms, deeply ingrained patriarchal views, and a lack of understanding contribute to the persistence of gender stereotypes in Indian society.

Stereotypes cannot be eliminated entirely through legislative means alone; society’s attitudes and behavior must change.

Enforcing current legislation is another difficulty. Implementation problems with many gender-related laws are frequently brought on by a lack of funding, a general lack of public awareness, and a sluggish legal system.

These issues may prevent legislation from having the desired effect because people may not be aware of their legal rights or have trouble getting justice.

In addition, it’s important to recognize that laws aren’t the only thing that perpetuates gender stereotypes. Stereotypes are ingrained in educational institutions, media depictions, and cultural practices.

It takes a comprehensive strategy including many stakeholders to effectively combat gender stereotypes. Along with the legislature, this also encompasses civil society organizations, educational institutions, the media, and the general public.

Conclusion:

In conclusion, the Indian legislature has been instrumental in promoting gender equality and questioning gender norms.

It has sought to end harmful practices, offers legal protections, and give women equal rights through a variety of laws.

However, practical issues and societal attitudes still make it difficult to effectively eradicate gender stereotypes. A coordinated effort involving many parties is required to address these issues.

Together, we can make further progress in India towards a gender-neutral society where both men and women can prosper.

Finally, Thanks For Reading “ Essay On Gender Stereotypes: Whether Indian Legislature has played its role? “.

If you have any questions related to “ Essay On Gender Stereotypes: Whether Indian Legislature has played its Role? “, So, please comment below.

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India’s New Parliament: Need and Significance

Syllabus: Parliament – Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these

  Source: IE

• In the 75th year of Independence, India’s new Parliament building, embodying the culture, pride and spirit of the entire nation, was recently inaugurated by the PM of India.
• 19 opposition parties boycotted the inauguration event, accusing the central government of sidelining President Droupadi Murmu – the country’s first tribal head of state.

The old Parliament:

• At the coronation of George V as Emperor of India in 1911 , the announcement of the transfer of the seat of GoI from Calcutta to the ancient Capital of Delhi was made.
• The GoI Act 1919 provided for a bicameral legislature for India and the need for the new was felt.
• The parliament building’s construction took six years (and Rs 83 lakhs) – from 1921 to 1927, and its circular shape is believed to be inspired by the Chausath Yogini temple at Mitawli village in MP’s Morena district.

Need for a new Parliament building:

• Existing Parliament is old: The existing Parliament house (which will be converted into a ‘Museum of Democracy’ after the new Parliament becomes operational) is almost a century-old Heritage Grade-I building, showing signs of distress and over-utilization.
• The present building was never designed to accommodate a bicameral legislature for a full-fledged democracy.
• The Central Hall has seating capacity only for 440 persons and when the Joint Sessions are held , the problem of limited seats amplifies.
• The number of Lok Sabha seats is likely to increase significantly from the current 545 after 2026.
• Distressed infrastructure: The addition of services like water supply, sewer lines, etc., has led to seepage of water at several places and impacted the aesthetics of the building.
• Safety concerns: For example, fire safety, structural safety (Delhi is currently in Seismic Zone-IV), etc.
• Obsolete communication structures: Communications infrastructure and technology is antiquated in the existing Parliament, and the acoustics of all the halls need improvement.
• Inadequate workspace for employees.

The new Parliament:

• It is part of the Central Vista Project – the ongoing redevelopment project to revamp India’s central administrative area (designed by Sir Edwin Lutyens and Sir Herbert Baker during British colonial rule) located near Raisina Hill, New Delhi.
• It is designed by Ahmedabad-based HCP Design, Planning and Management under architect Bimal Patel and has been built by Tata Projects Ltd.

Main features of the new Parliament building:

• A “ Platinum-rated Green Building ” with about 65,000 sq m built-up area, which will be divyang friendly.
• The triangular shape ensures the optimum utilisation of space.
• A larger Lok Sabha hall (888 seats) based on the peacock theme (India’s national bird) and a larger Rajya Sabha hall (384 seats) based on the lotus theme (India’s national flower).
• The Lok Sabha may accommodate up to 1,272 seats for joint sessions of Parliament.
• A state-of-the-art Constitutional Hall symbolically and physically puts the Indian citizens at the heart of our democracy.
• A Central Lounge that will complement the open courtyard (with a banyan – the national tree) will be a place for members to interact with each other.
• Ultra-modern state-of-the-art features like a digitised voting system, well-engineered acoustics and audiovisual systems in the two chambers.

Interior decorations:

• Murals depicting maps of ancient India-protected monuments of ASI and UNESCO, etc.
• 3 ceremonial entrance halls with huge brass images of Mahatma Gandhi , Chanakya, Gargi, Sardar Vallabhbhai Patel, B.R. Ambedkar, and the Chariot Wheel from the Sun Temple at Konark are on display.
• Reflecting the cultural diversity of India in line with the “Made in India” initiative Tripura’s epitome bamboo wood flooring and carpets from UP’s Mirzapur embellished the new Parliament.

Significance of the new Parliament: Symbol of the vision and aspirations of India, the spirit of change and continuity and will witness the making of India as ‘ Aatmanirbhar Bharat ’.

Expectations from the new Parliament:

• The trend of increasing disruptions and long periods of deadlock is antithetical to the spirit of Parliament – law-making through debate, discussion, and consensus.
• Hence, the new Parliament offers an opportunity to seriously introspect on Parliamentary conduct and make Parliament more efficient and productive.

Conclusion: The new Parliament should not only be the fountainhead/epitome of architectural excellence but should also work as a lighthouse to guide India in its ambitious journey of ‘new India@100’; ‘Ek Bharat, Shrestha Bharat’, etc.

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India’s Lok Sabha election 2024: What you need to know

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I Served on the Florida Supreme Court. What the New Majority Just Did Is Indefensible.

On April 1, the Florida Supreme Court, in a 6–1 ruling, overturned decades of decisions beginning in 1989 that recognized a woman’s right to choose—that is, whether to have an abortion—up to the time of viability.

Anchored in Florida’s own constitutional right to privacy, this critical individual right to abortion had been repeatedly affirmed by the state Supreme Court, which consistently struck down conflicting laws passed by the Legislature.

As explained first in 1989:

Florida’s privacy provision is clearly implicated in a woman’s decision of whether or not to continue her pregnancy. We can conceive of few more personal or private decisions concerning one’s body in the course of a lifetime.

Tellingly, the justices at the time acknowledged that their decision was based not only on U.S. Supreme Court precedent but also on Florida’s own privacy amendment.

I served on the Supreme Court of Florida beginning in 1998 and retired, based on our mandatory retirement requirement, a little more than two decades later. Whether Florida’s Constitution provided a right to privacy that encompassed abortion was never questioned, even by those who would have been deemed the most conservative justices—almost all white men back in 1989!

And strikingly, one of the conservative justices at that time stated: “If the United States Supreme Court were to subsequently recede from Roe v. Wade , this would not diminish the abortion rights now provided by the privacy amendment of the Florida Constitution.” Wow!

In 2017 I authored an opinion holding unconstitutional an additional 24-hour waiting period after a woman chooses to terminate her pregnancy. Pointing out that other medical procedures did not have such requirements, the majority opinion noted, “Women may take as long as they need to make this deeply personal decision,” adding that the additional 24 hours stipulated that the patient make a second, medically unnecessary trip, incurring additional costs and delays. The court applied what is known in constitutional law as a “strict scrutiny” test for fundamental rights.

Interestingly, Justice Charles Canady, who is still on the Florida Supreme Court and who participated in the evisceration of Florida’s privacy amendment last week, did not challenge the central point that abortion is included in an individual’s right to privacy. He dissented, not on substantive grounds but on technical grounds.

So what can explain this 180-degree turn by the current Florida Supreme Court? If I said “politics,” that answer would be insufficient, overly simplistic. Unfortunately, with this court, precedent is precedent until it is not. Perhaps each of the six justices is individually, morally or religiously, opposed to abortion.

Yet, all the same, by a 4–3 majority, the justices—three of whom participated in overturning precedent—voted to allow the proposed constitutional amendment on abortion to be placed on the November ballot. (The dissenters: the three female members of the Supreme Court.) That proposed constitutional amendment:

Amendment to Limit Government Interference With Abortion: No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion. 

For the proposed amendment to pass and become enshrined in the state constitution, 60 percent of Florida voters must vote yes.

In approving the amendment to be placed on the ballot at the same time that it upheld Florida’s abortion bans, the court angered those who support a woman’s right to choose as well as those who are opposed to abortion. Most likely the latter groups embrace the notion that fetuses are human beings and have rights that deserve to be protected. Indeed, Chief Justice Carlos Muñiz, during oral argument on the abortion amendment case, queried the state attorney general on precisely that issue, asking if the constitutional language that defends the rights of all natural persons extends to an unborn child at any stage of pregnancy.

In fact, and most troubling, it was the three recently elevated Gov. Ron DeSantis appointees—all women—who expressed their views that the voters should not be allowed to vote on the amendment because it could affect the rights of the unborn child. Justice Jamie Grosshans, joined by Justice Meredith Sasso, expressed that the amendment was defective because it failed to disclose the potential effect on the rights of the unborn child. Justice Renatha Francis was even more direct, writing in her dissent:

The exercise of a “right” to an abortion literally results in a devastating infringement on the right of another person: the right to live. And our Florida Constitution recognizes that “life” is a “basic right” for “[a]ll natural persons.” One must recognize the unborn’s competing right to life and the State’s moral duty to protect that life.

In other words, the three dissenting justices would recognize that fetuses are included in who is a “natural person” under Florida’s Constitution.

What should be top of mind days after the dueling decisions? Grave concern for the women of our state who will be in limbo because, following the court’s ruling, a six-week abortion ban—at a time before many women even know they are pregnant—will be allowed to go into effect. We know that these restrictions will disproportionately affect low-income women and those who live in rural communities.

But interestingly, there is a provision in the six-week abortion ban statute that allows for an abortion before viability in cases of medical necessity: if two physicians certify that the pregnant patient is at risk of death or that the “fetus has a fatal fetal abnormality.”

The challenge will be finding physicians willing to put their professional reputations on the line in a state bent on cruelly impeding access to needed medical care when it comes to abortion.

Yet, this is the time that individuals and organizations dedicated to women’s health, as well as like-minded politicians, will be crucial in coordinating efforts to ensure that abortions, when needed, are performed safely and without delay. This is the time to celebrate and support organizations, such as Planned Parenthood and Emergency Medical Assistance , as well as our own RBG Fund , which provides patients necessary resources and information. Floridians should also take full advantage of the Repro Legal Helpline .

We all have a role in this—women and men alike. Let’s get out, speak out, shout out, coordinate our efforts, and, most importantly, vote . Working together, we can make a difference.